Liberia EFA-FTI Catalytic Fund Project
REPUBLIC OF LIBERIA
Education For All-
Fast Track Initiative
(ETF-FTI)
Catalytic Fund Project
Resettlement
Policy
Framework
Final Report
February 2010
PREPARED BY:
Joseph E. Akpokodje
Managing Consultant
Earthguards Limited: Sustainable Development Consultants
Suite 45 (3rd Floor) God’s Own Plaza, 4 Takum Close Area 11, Garki, Abuja, Nigeria
Mobile: +234 (0) 803 374 0948
Land Line: +234 (09) 870 7469
Email: jakpokodje@
earthguards@
Website:
Table of Contents
Table of Contents iii
Table of Figures v
List of Tables v
Glossary of Key Terms vi
Executive Summary viii
Acronyms and Abbreviations x
1. Introduction 1
1.1 Background 1
1.2 Project Description 1
1.3 Project Components 2
1.4 Format for Resettlement Policy Framework 3
2. Potential Project Impacts on Assets and livelihoods 5
2.1 Introduction 5
2.2 Generic Project Impacts on Assets and Livelihoods 5
3. Guiding Principle Governing Resettlement 7
3.1 Introduction 7
3.2 Objectives of the Resettlement Policy Framework 7
3.3 Resettlement Policy Framework Principles 7
4. Legal Framework of Liberian Legislation and World Bank Policies 9
4.1 Introduction 9
4.2 Policy Framework 9
4.8 World Bank Safeguard Policies on Involuntary Resettlement 12
4.9 Compensation of National and International Practices 13
5. Process of Developing Resettlement Plans 15
5.1 Overview of the Resettlement Preparation Process 15
5.2 Screening for Involuntary Resettlement 15
5.3 Mechanism for Consultation and Participation of PAPs 19
5.4 Baseline and Socioeconomic Survey 19
5.5 Review and Approval of Resettlement Plans 20
6. Eligibility Criteria for Various Categories of Project Affected Persons 21
6.2. Eligibility for Community Compensation 22
6.3. Method to Determine the Cut – Off Dates 22
6.4. Defining Entitlements and Preparing an Entitlement Matrix 22
7. Valuation Methods and Compensation 24
7.1 Basis of Valuation 24
7.2 Compensation Payments and Related Considerations. 24
8. Implementation Process and Organisational Responsibilities 26
8.1 Implementation Schedule 26
8.2 Implementation Plans 26
8.3 Implementation Responsibilities 26
8.4 Institutional Capacity Assessment and Building 29
9. Grievance Redress Mechanism 32
9.1 Introduction 32
9.2 Objective of the Grievances Procedures 32
9.3 Grievance Mechanism 32
10 Monitoring and Evaluation 34
10.1 Introduction 34
10.2 Disclosure of Social Safeguard Instruments. 36
11. Funding Arrangement 37
ANNEXES 38
Annex 1: List of Officials Met 39
Annex 2: List of Documents Reviewed 40
Annex 3: World Bank Policy on Involuntary Resettlement (OP 4.12) 41
Annex 4: Framework for Census of Affected Assets and Affected Persons 49
Annex 5: Outline of a Resettlement Action Plan 52
Annex 6: Outline of an Abbreviated Resettlement Plan 56
Annex 7: Sample Grievance Form 57
Annex 8: Template Itemization of a RAP/ARAP Budget 58
Annex 9: Template of a Claim Registration and Follow-up Form 59
Annex 10: Template of a Consultation Meeting Minute Form 60
Table of Figures
Figure 1.1: Map of Liberia showing counties 2
Figure 5.1: Resettlement Preparation process for Sub-Projects without Land Acquisition 16
Figure 5.2: Resettlement Preparation process for Sub-Projects with Land Acquisition 17
Figure 5.3: Resettlement Preparation process for Sub-Projects with Land Acquisition and Affected Inhabited Dwellings 18
Figure 8.1: RAP/RPF Implementation Arrangement 27
Figure 9.1: Flowchart for Grievance Mechanism 33
List of Tables
Table 1.1: List of Counties and Population Estimates 2
Table 2.1: Potential Negative Impacts 6
Table 4.1: Comparison between Liberian Regulations and World Bank Policies 14
Table 5.1: The Stakeholders Identification Matrix 19
Table 6.1: Eligibility Criteria for Compensation 22
Table 6.2: Entitlement Matrix 23
Table 7.1: Method of Valuation 24
Table 7.2: Forms of Compensation 25
Table 8.1 RPF Instruments Implementation Arrangement 27
Table: 8.2 Implementation Responsibilities 28
Table 8.3: Proposed Capacity Building Schedule 29
Table 10.1: Monitoring & Evaluation Indicators 36
Glossary of Key Terms
Asset Inventory: A complete count and description of all property that will be acquired.
Census: means a field survey carried out to identify and determine the number of Project Affected Persons (PAPs), their assets, and potential impacts; in accordance to the procedures, satisfactory to the relevant government authorities, and the World Bank Safeguard Policies.
Cut - off date: Refers to a day on and beyond which any person who occupies land or assets, or constructs assets on land, required for project use, will not be eligible for compensation. The date is often the day when the assessment of persons and their property in the project area commences.
Compensation means payment in cash or in kind of the replacement value of the acquired property and/ or impacted assets.
Entitlements means entitlements with respect to a particular eligibility category are the compensation and other forms of assistance provided to impacted persons in the respective eligibility category.
Environmental and Social Management Framework (ESMF): is a safeguard instrument (document) which establishes a mechanism to determine and assess future potential environmental and social impacts of the project funded activities in the EFA-FTI CF project and other activities associated with this project regardless of funding agency. The framework sets out mitigation, monitoring and institutional measures to be taken during design, implementation and operation of the project activities to eliminate adverse environmental and social impacts, offset them, or reduce them to acceptable levels. This instrument has been prepared as a stand alone document to be used in conjunction with this RPF.
Grievance Procedures: The processes established under law, local regulations, or administrative decision to enable property owners and other impacted persons to redress issues related to acquisition, compensation, or other aspects of resettlement.
Host Communities: Communities receiving resettled people as a result of involuntary resettlement activities.
Involuntary Land Acquisition means the process whereby a person is compelled by government or a government agency to alienate all or part of the land he/she owns or possesses, to the ownership and possession of that agency, for public purpose in return for a consideration.
Involuntary Resettlement means the involuntary taking of land or impact on land or assets, resulting in direct or indirect economic and social impacts, whether or not the PAP must physically relocate , caused by:
• Loss of benefits from use of such land;
• Relocation or loss of shelter;
• Loss of, impact on, assets or access to assets
• Loss of income sources or means of livelihood, whether or not the project affected person has moved to another location.
Land Acquisition means the taking of a or alienation of land, buildings or other assets thereon for the purpose of the project.
Market rate is defined as the highest rate over the last five years based on commercial terms.
Market Value: means the most probable selling price or the value most often sought by buyers and sellers. It assumes buyers and sellers have reasonable knowledge, act competitively and rationally are motivated by self interest to maximize satisfaction and both act independently and without collusion, fraud or misrepresentation.
Project Affected Person (s): A person that loses assets and/or usage rights and/or income generation capacities (e.g. land, structure, crops, businesses) because these assets/rights/capacities are located in the land to be acquired or used, for needs of the project. Not all PAPs are d due to the Project, but all are potentially affected in the maintenance of their livelihood.
Rehabilitation Assistance means the provision of development assistance in addition to compensation such as land preparation, credit facilities, training, or job opportunities, needed to enable Project Affected Persons to improve their living standards, income earning capacity and production levels; or at least maintain them at pre-project levels.
Relocation means the physical moving of PAPs from their pre-project place or residence, place for work or business premises,
Resettlement Policy Framework (RPF) refers to the present safeguard instrument (document) which is the overall Policy Framework for Compensation, Resettlement and Rehabilitation of Project Affected Persons for the EFA-FTI CF project implementation. The Policy Framework describes the process and methods for carrying out resettlement under the Project, including compensation, relocation and rehabilitation of Project affectees.
Resettlement Action Plan (RAP): means the resettlement action plans prepared for specific micro-projects.
Resettlement means all the measures taken to mitigate any and all adverse impacts of the Project on PAP's property and/or livelihoods, including compensation, relocation (where relevant), and rehabilitation.
Vulnerable Groups are People who may by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage or social status are more adversely affected by resettlement than others; and who may have limited ability to claim or take advantage of resettlement assistance and related development benefits. These are:
• Widows, disabled, marginalised groups, low income households and informal sector operators;
• Incapacitated households- those not fit to work;
• Women headed households, Child-headed households and street children.
Executive Summary
The Government of Liberia (GoL) received support from the World Bank and other donor agencies to improve its Education sector through the Education For All–Fast Track Initiative Catalytic Fund (EFA FTI CF).
The EFA FTI CF project will be implemented by the Ministry of Education (MoE ) on behalf of the GoL and would be collaborating with the Environmental Protection Agency (EPA), Ministry of Land, Mines and Energy (MLME) and Ministry of Public Works (MoPW). The EFA FTI CF project would collaborate with other donor partners such as Soros, Plan International, United National Children Educational Fund (UNICEF), United States Agency for International Development (USAID) and the European Commission (EC) in implementing some of their ongoing projects in Liberia.
The EFA FTI CF project is for a period of 3 years (2010 – 2012) and will support the MoE 10 year Liberian Educational Sector Plan (2010 -2020), with a long term development objective of implementing the national education policy and developing an institutional framework to achieve quality primary education by 2015.
The EFA FTI CF project aims to improve access to quality basic education and to strengthen the institutional capacity of the MoE. This will be achieved via three components: (i) Increasing access and equity for all Liberian children (especially girls, individuals with special needs, street children, children with “manageable” emotional behavioural disorders and learning disabilities) to quality education; (ii) Improving the quality of teaching and learning; and (iii) Strengthening management capacities and developing a framework for institutional capacity building with a focus on monitoring and evaluation.
Based on the nature of project’s activities in component 1 of the Liberia EFA FTI CF project, it is envisaged that certain sub-project activities (construction of new school building and rehabilitation of old dilapidated buildings) will give rise to resettlement and compensation issues. At this stage of the project’s cycle, the proposed sub –project sites have not been selected.
In a situation were all the details of the sub- project activities are not known, it is not possible to prepare a Resettlement Action Plan (RAP) or an Abbreviated Resettlement Plan (ARP). The World Bank Operational Policy on Involuntary Resettlement (OP 4.12) therefore requires the borrower (Government of Liberia) to develop a Resettlement Policy Framework (RPF).
The main objective of the RPF is to describe and clarify the policies, principles and procedures that will be followed in minimizing and mitigating negative social and economic impacts caused by this infrastructure development project. The RPF is formulated to establish and clarify the resettlement principles, organizational arrangements and design criteria to be applied to sub-projects which will be prepared during the main project implementation. Sub-project resettlement plans consistent with the RPF will subsequently be prepared and submitted to the World Bank for approval when relevant and specific information on the sub-project’s activities becomes available.
The Liberia EFA-FTI CF Project would have positive and negative impacts in the society during the implementation phase.
The positive impacts are:
• Improved Educational Standards :- The project is meant to improve the educational standards of pupils by
o Construction of new school buildings and rehabilitation old schools with Administrative facilities, latrines and water points.
o Construction of new schools in rural areas where there is no access.
o Provision of learning materials for children enrolled in this schools
o Ensuring that all children especially girls, individuals with special needs, street children with manageable emotional behavioural disorders and learning disabilities to have access to acceptable quality schools.
o Implementation of a school fee abolition policy
o Recruitment of a number of teachers especially female teachers
o Providing improved training opportunities for current teachers sub-project activities for each project site will entail the following:
• Improved welfare of the communities - this will result to increased activities in communities where schools are located
• Poverty Reduction ;- The project is assisting by;
o Reducing the burden of payment of school fees from parents
o Recruitment of new teachers
o Improving the standards of old teacher via training programs
• Improving Health Standards;
o Implementation of the Educational sector’s HIV/AIDS policy
o Improving the health and nutritional status of children enrolled in schools
• Improvement of the Construction methods of Schools in the communities;
o Engagement of international construction firms to work with the local firms
o Supervision of the construction works of local firms by international firms
The negative impacts are:
• Involuntary take of land resulting in:
o Relocation or loss of shelter
o Loss of assets or access to assets; and/or
o Loss of income source, business or means of livelihood, whether or not affected person must move to another location
• Minimal displacement of affected persons
This RPF report also identified the guiding principles for resettlement planning for the Borrower (GoL) and mechanisms that will be put in place in order to screen sub-projects and ensure that appropriate measures are in place to address any issues which might arise from the potential negative impacts during the implementation of the EFA –FTI CF project.
The valuation procedures of all assets that will be affected as a result of the implementation of the sub-projects under the EFA –FTI CF project will be conducted by qualified surveyor and District surveyors from the MLME. Compensation for loss of income and assets will be at full replacement cost, which the current market value rate of the affected assets within six (6) months of payment, such that the PAPs will experience no net loss.
PAPs, communities, NGOs relevant stakeholders will be given opportunity to participate in the resettlement/rehabilitation process. The specific plans/mechanisms for consultation participation will be detailed in the Resettlement Plans (RAPs or ARPs) and will include the Project Coordinating Unit (PCU), resettlement committees for PAPs and interagency committees for participating stakeholders.
The RPF underscores the importance of monitoring and evaluation of the sub-projects under the EFA –FTI CF program. It also highlights mechanisms for internal and external monitoring.
This document identified the guiding principles for resettlement planning for the borrower (GoL) and mechanisms that should be put in place in order to screen sub-projects and ensure that appropriate measures will address any issues which arise from potential impacts resulting from the activities of the EFA –FTI CF project.
Acronyms and Abbreviations
ADR Alternative Dispute Resolution
AID Acquired Immuno Defiiciency Syndrome
ARP Abbreviated Resettlement Plan
CF Catalytic Fund
EFA Education For All
EC European Community
EPA Environmental Protection Agency
ESMF Environmental and Social Management Framework
ESIA Environmental and Social Impact Assessment
FTI Fast Tract Initiative
GoL Government of Liberia
GRC Government Reform Commission
HIV Human Immunodeficiency Virus
IDA International Development Association
IIU Infrastructure Implementation Unit
IOL Inventory of Loss
LRD Liberian Dollars
LRRRC Liberia Refugee Repatriation and Resettlement Commission
NGO Non Governmental Organization
M&E Monitoring and Evaluation
MDG Millennium Development Goals
MIGA Multilateral Guarantee Agency
MLME Ministry of Land Mines and Energy
MoPW Ministry of Public Works
MoE Ministry of Education
PAD Project Appraisal Document
PAP Project Affected person
PCU Project Coordinating Unit
PID Project Information Document
RAP Resettlement Action Plan
RP Resettlement Plan
RPF Resettlement Policy Framework
USAID United States Agency for International Development
USD United States Dollar
WB World Bank
1. Introduction
1 Background
The 1989 – 2003 (14 years) civil war devastated and inflicted a major break down on the Liberian economy. Major economic activities such as shipping, rubber plantations, timber production and mining were reduced with export of the latter two prohibited by the United Nations Sanctions. This led to the destruction of basic social infrastructure, such as educational, health and sanitary facilities in the 16 counties.
With a democratically elected government in place since January 2006, Liberia seeks to reconstruct its shattered economy in collaboration with International partners such as the World Bank, UN agencies, EC, USAID and other NGOs. The World Bank (WB) is intervening in the infrastructure, economic management and community driven development sectors of Liberia.
The education sector is a disaster with virtually no construction of schools in over 20 years and the existing schools too damaged or destroyed. There is therefore a need to build over 10,000 classrooms to cater for the increasing population of children in the urban and rural areas of Liberia.
The World Bank has approved a grant from the Educational For All - Fast Track Initiative Catalytic Fund (EFA-FTI CF) to address the basic educational needs of the country.
In accordance with the World Bank’s safeguards policies and procedures, which includes Operational Policy (OP) 4.12: Involuntary Resettlement, requires the Government of Liberia (GoL) to prepare a Resettlement Policy Framework (RPF) for this project.
2 Project Description
The GoL is in the process of developing the EFA-FTI CF project financed by the World Bank and other International Donors such as USAID, EC etc. The main goal of the project is to improve access to quality basic education and to strengthen the institutional capacity in the Ministry of Education (MoE). This would be done by: (a) increasing access and equity; (b) improving the quality of teaching and learning; and (c) strengthening management capacities and developing a framework for institutional capacity building at central and deconcentrated levels (Details in section 1.3).
The MoE of the GoL has developed a ten-year education sector plan (2010-2020) to support the long term development objective of the Liberian education sector which are to implement the national education policy and develop an institutional framework to achieve quality primary education by 2015.
As part of the ten-year plan, a short term plan (2010-2012) is been developed to embrace the EFA-FTI CF plan to help fast track the MoE’s development objectives. Figure 1.1 shows the map of Liberia indicating the 16 counties that make up the country.
[pic]
Figure 1.1: Map of Liberia showing counties
Table 1.1: List of Counties and Population Estimates
|S/No |County |Capital |Population |
|1 |Bomi |Tubmanburg |82,036 |
|2 |Bong |Gbarnga |328,919 |
|3 |Gbarpolu |Bopulu |83,758 |
|4 |Grand Bassa |Buchanan |224,839 |
|5 |Grand Cape Mount |Robertsport |129,055 |
|6 |Grand Gedah |Zwedru |126,145 |
|7 |Grand |Kru |Barclayville |57,106 |
|8 |Lofa |Voinjama |270,114 |
|9 |Margibi |Kakata |199,689 |
|10 |Maryland |Harper |136,404 |
|11 |Montserrado |Bensonville |1,144,806 |
|12 |Nimba |Sanniquellie |468,088 |
|13 |River Cess |River Cess |65,862 |
|14 |River Gee |Fish Town |67,318 |
|15 |Sinoe |Greenville |104,932 |
|Total Population | |3,489,071 |
Source: 2008 Liberian Provisional Census
3 Project Components
The project’s development objectives are divided into three components. These are as follows:
Component 1: Increasing access and equity - The project would finance the construction and rehabilitation of classrooms while taking into consideration the special circumstances of remote and hard to reach areas and provision of school uniforms for children entering primary school at appropriate age (Maryland, Sinoe, and River Gee counties). The project will finance two (2) activities in this component:
• Construction of schools. The majority of the financing under the component will go towards constructing schools in rural areas. The construction will entail:
o construction by small contractors of 60 primary schools comprising each of 6 classrooms, administration facilities, latrines and water points; the construction by contractors of 6 junior secondary schools; and
o the construction by communities of 10 primary schools with three classrooms in hard-to-reach areas of the country.
The total needs over the three-year period are 115 primary schools and 200 junior secondary schools. The number of classrooms to be provided for each school will be adjusted depending on the sites selected. The FTI will co-finance this activity together with European Union (18 schools) and the Government’s own investment budget (60 classrooms)
• Provision of incentives for poor parents to enroll their children in school at appropriate age. The second activity under this component would be supporting the piloting of models to provide incentives to parents to enroll their children in the first grade of school at appropriate age (6-8 inclusive) in 3 counties (Maryland, Sinoe, and River Gee). This would include
o the provision of conditional cash transfer (CCT) and
o the supply of free uniforms to children at school age to enroll in those areas where a supply of classroom space exceeds demand.
A rigorous prospective impact evaluation will be conducted to build country-level evidence on the effectiveness of incentives and alternatives.
Component 2: Improving the quality of teaching and learning - This component would include provision of learning materials to both students and teachers; support for in- service teacher training and school-level pedagogic support in complementarily with the USAID and EC financed projects; support for early childhood development models including systems development; and school health including de-worming of children in four counties.
Component 3: Strengthening management capacities and developing a framework for institutional capacity building at central and county levels - Under this component, support would be provided for monitoring and evaluation systems including the design of a national assessment and implementation of learning assessments instruments as a monitoring tool for reading and math performance; and for sector reforms in terms of teacher and financial management in coordination with the EC TA project. The central administration and the deconcentrated services will benefit from training, technical assistance and provision of equipment.
Based on the nature of sub-projects envisaged under component 1 in the Liberia EFA FTI CF project, it is envisaged that certain sub-project activities such as construction of new building, rehabilitation of old buildings, land acquisition, loss of access to economic assets and resources would lead to resettlement and/ or compensation of affected people. In accordance to the World Bank, such activities would trigger the World Bank safeguard policies; Operational Policy (OP) 4.01 – Environmental Assessment and OP 4.12 – Involuntary Resettlement (Details in Annex 1) . At the time of developing this report, sub-project sites have not been selected in the counties, therefore an Environmental and Social Management Framework (ESMF) and Resettlement Policy Framework (RPF) will need to be developed. This document is the RPF report and it is a standalone document.
4 Format for Resettlement Policy Framework
According to the Terms of Reference, the RPF report is presented in the following manner:
Chapter one: provides a background and description of the components of the project and outlines the objectives of the Resettlement Policy Framework.
Chapter two: outlines the potential positive and negative impacts that might occur during the implementation phase of this EFA FTI CF project.
Chapter three: outlines the policy principles and objectives governing resettlement, which will provide the basis for applying resettlement planning to the Liberia Education Project.
Chapter four: outlines the legal and regulatory framework for resettlement planning in Liberia and discusses the land tenure policies in the country.
Chapter five: describes the process the will be used to prepare and approve resettlement plans for sub-projects to be financed under the project.
Chapter six: provides the eligibility criteria and conditions for compensating project affected persons by first high-lighting the World Bank's OP4.12 provisions for eligibility for compensation, resettlement and rehabilitation assistance.
Chapter seven: The Chapter gives procedures for the valuation of assets and calculation of compensation payments.
Chapter eight: outlines the institutional mechanisms and organizational procedures for the project’s implementation and delivery of entitlements in line with the government's decentralized administration.
Chapter nine: outlines the organisational procedure for delivery of grievance redress mechanism.
Chapter ten: provides measures for monitoring and evaluation and information disclosure procedures.
Chapter eleven: provides procedures on the funding procedures and how these funds are built into the project costs.
2. Potential Project Impacts on Assets and livelihoods
2.1 Introduction
Impacts of the sub-projects will vary in nature and degree depending on the situation at hand within the social, economic, administrative and environmental setting. It is envisaged that the sub project activities would have positive impacts and limited negative impacts on the assets and livelihoods of the PAPs.
The expected impacts in the first year of implementation are as follows:
• Acquisition of Land - Impacts on land would be limited to land required by the project construction activities and are located close to existing old schools buildings and new sites that have been acquired for new school construction.
• Impacts on inhabited dwellings – Although limited impacts on inhabited dwellings are anticipated, provisions are made in this RPF to minimise such impacts by rerouting and/or redesigning to eliminate such impacts.
However, since sub-project activities are not known in sufficient details at the time of writing of this RPF document, provisions are made in the RPF to accommodate all potential impacts, including cases that may entail displacement/resettlement and livelihood restoration assistance in accordance to the World Bank Policy (OP 4.12) on Involuntary Resettlement.
2.2 Generic Project Impacts on Assets and Livelihoods
The sub- project activities (construction of schools) would impact both positively and negatively in the communities in which they would be sited. The impacts are as follows:
2.2.1 Positive Impacts
The sub-project activities of component I, II and III of the Liberia EFA-FTI CF Project would have substantial positive impacts on the assets and livelihoods of PAPs. The positive impacts are;
• Improved Educational Standards :- The project is meant to improve the educational standards of pupils by
o Construction of new school buildings and rehabilitation of old schools with administrative facilities, latrines and water points.
o Construction of new schools in rural areas where there is no access.
o Provision of learning materials for children enrolled in these schools
o Ensuring that all children especially girls, individuals with special needs, street children with manageable emotional behavioural disorders and learning disabilities to have access to acceptable quality schools.
o Implementation of a school fee abolition policy
o Recruitment of a number of teachers especially female teachers
o Providing improved training opportunities for teachers
• Improved welfare of the communities - this will result to increased activities in communities where schools are located
• Poverty Reduction ;- The project is assisting by;
o Reducing the burden of payment of school fees from parents
o Recruitment of new teachers
o Improving the standards of old teacher via training programs
• Improving Health Standards;
o Implementation of the Education sector’s HIV/AIDS policy
o Improving the health and nutritional status of children enrolled in schools
• Improvement of the Construction methods of Schools in the communities;
o Engagement of international construction firms to work with the local firms
o Supervision of the construction works of local firms by international firms
2.2.2 Negative Impacts
The sub-project activities of component I of the Liberia EFA-FTI CF Project would have limited negative impacts on the assets and livelihoods of PAPs.
For World Bank financed projects, OP 4.12 on Involuntary Resettlement is triggered when PAPs experience impacts on their assets, and livelihoods. OP 4.12 covers direct economic and social impacts. The anticipated negative impacts are:
• Loss of Land resulting from land acquisition
• Displacement of Project Affected Persons (minimal if any)
• Relocation or loss of shelter;
• Loss of assets or access to assets important to production;
• Loss of income sources or means of livelihood; or
• Loss of access to locations that provide higher incomes or lower expenditures to businesses or persons.
Table 2.1 shows the categorisation of generic impacts of project on assets (land, crops and structures) and livelihoods given the types of project activities envisaged during project implementation.
Table 2.1: Potential Negative Impacts
|Sub-Project |Source of Impacts |Impacts |
|Construction of School |Construction of 6 classrooms , |Loss of revenue |
| |administration facilities, latrines|Displacement of PAPs |
| |and water points |Loss of inhabited dwellings |
| | |Land Acquisition |
| | |Loss of access to source of livelihoods |
| |Construction of Junior secondary |Loss of revenue |
| |schools, administration facilities,|Displacement of PAPs |
| |latrines and water points |Loss of inhabited dwellings |
| | |Land Acquisition |
| | |Loss of access to source of livelihoods |
3. Guiding Principle Governing Resettlement
3.1 Introduction
The impacts due to Involuntary Resettlement from development projects may give rise to a break down of productions systems of the affected communities, by affecting the asset base and livelihoods of Project Affected Persons (PAPs). In order to reduce the adverse impacts of the sub-project’s activities on the stakeholders, the RPF is developed.
3.2 Objectives of the Resettlement Policy Framework
The objectives of this RPF are to:
• avoid and minimize potential negative impacts which include involuntary resettlement and compensation caused by land acquisition;
• develop measures to mitigate the adverse impacts if they cannot be avoided, to adequately compensate PAPs and to restore their livelihoods;
• ensure that no impoverishment of people shall result as a consequence of compulsory land acquisition, or acquisition of assets, for purposes of implementing the EFA-FTI CF sub-projects;
• assist adversely PAPs in dealing with the psychological, cultural, social and other stresses caused by project impacts;
• make all PAPs aware of processes available for the redress of grievances that are easily accessible and immediately responsive; and,
• have in place a consultative, transparent and accountable Involuntary Resettlement process with a time frame agreed to by the sub-project implementers and the PAPs.
3.3 Resettlement Policy Framework Principles
The general principles for the RPF can be summarized as follows:
• Resettlement and land acquisition will be minimized as much as possible. Where land acquisition is unavoidable, the project will be designed to minimize adverse impacts on the population.
• PAPs will be compensated, relocated and rehabilitated, if required, so as to improve their standard of living, income earning capacity and production capacity, or at least to restore them to pre-project levels.
• All PAPs residing in, or using land, or having rights over resources within the project area as at the date of the census survey are entitled to compensation for their losses and/or income rehabilitation. Lack of legal rights or title to the asset(s) taken for the project will not bar the PAP from receiving compensation, rehabilitation and relocation measures to achieve the objectives set forth above.
• Compensatory mechanisms to accomplish resettlement include: compensation at full replacement cost for houses and other structures, agricultural land of equal productive capacity, replacement of residential land at least of equal size and not less than 200 sq. m., dislocation allowance and transition subsidies, full compensation for crops, trees and other similar agricultural products at market value, and other assets, and appropriate rehabilitation measures to compensate for loss of livelihood.
• PAPs forced to relocate due to their house being acquired will be provided full assistance for transportation and re-establishment of their home and will be provided a Dislocation Allowance, in addition to provision of residential land and the replacement cost of their home.
• Replacement of residential and agricultural land will be as close in nature as possible to the land that was lost, and acceptable to the PAP.
• Where the total amount of agricultural land acquired is less than 20% of the PAP's farm land for those with holdings more than 1 ha, and 10% of land for those with holdings less than 1 ha, cash compensation may be paid in lieu of land-for-land compensation provided that:
o the PAP receives full replacement value for the land and all assets on it, without any deductions for depreciation;
o the PAP stands to benefit directly from the project through an increase in income which will off-set the loss of land, such that net production after project completion is equal to, or greater than, the pre-project production; and
o prior agreement has been reached on impact on asset through a negotiated settlement at a rate acceptable to the PAP, at replacement value.
• Resettlement plans will be implemented following consultations with the PAPs, and will have the endorsement of the PAPs.
• The previous level of community services and access to resources will be maintained or improved after resettlement.
• Any acquisition of, or restriction on access to resources owned or managed by PAPs as common property will be mitigated by arrangements ensuring access of those PAPs to equivalent resources on a continuing basis.
• Financial and physical resources for resettlement and rehabilitation will be made available as and when required.
• Resettlement programs will include adequate institutional arrangements to ensure effective and timely design, planning and implementation of resettlement and rehabilitation measures.
• Adequate arrangements for effective and timely internal and external monitoring will be made on implementation of all resettlement measures.
4. Legal Framework of Liberian Legislation and World Bank Policies
4.1 Introduction
The RPF takes into account the existing legal and institutional framework within the context of Liberian Law. The framework as it applies to land administration, land tenure, land expropriation and property rights is quite complex in Liberia. In Liberia, the customary and statutory systems co-exist which makes land issues quite diversified and challenging.
The 14 year civil war further exacerbated the already challenging, complex and volatile land situation. With the post conflict era and an elected government in place, Liberia is now focused on reconstruction and development in achieving poverty reduction, economic growth and development. In order to achieve the above goals, Land tenure security has to be put in place. The Government of Liberia (GoL) has set up the Government Reform Commission (GRC) to address the challenges resulting from land tenure and legal system amongst other issues. The GRC would eventually establish a Land Commission with the mandate to specifically tackle land issues across the 16 counties of Liberia.
4.2 Policy Framework
World Bank OP 4.12- Involuntary Resettlement
The World Bank’s safeguards policies operate to prevent and mitigate potential adverse impacts associated with the Bank’s lending operation to people and their environment. The EFA-FTI CF project triggers the World Bank’s safeguard policy on OP 4.12 – Involuntary Resettlement.
This policy covers direct economic and social impacts that result from Bank-assisted investment projects, and are caused by (a) the involuntary taking of assets resulting in: relocation or loss of shelter; loss of assets or access to assets; or loss of income sources or means of livelihood, whether or not the affected persons must move to another location, (b) the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the affected persons. This policy applies to the rehabilitation and construction of schools in urban and rural areas of Liberia.
3. Regulatory Framework
The Constitution and other Liberian Laws provide basis for resettlement and compensation. This section presents a detailed description of the legal framework for the implementation of involuntary resettlement projects in Liberia. The following Liberian laws comprise the legal framework.
Liberian Constitution 1986
Article 22 (a) and (b) of the Constitution vests in all individuals the right to own property either on individual basis or in conjunction with other individuals, as long as they are Liberian citizens. This right however does not extend to mineral resources on, or beneath the land.
Land Act 1856
Prior to independence, land acquisition and distribution was done on the basis of relationship and class system. Opposition to this system of land tenure led to the establishment of a set of rules known as the ‘digest of law to govern the affairs of the settlers in terms of land distribution’. This later culminated into the Land Distribution Act of 1856 which removed the restriction to land distribution based on citizenship. This Act was repealed by the 1950 Land Act which restricted land ownership to citizens and naturalized citizens especially those of Negro descents.
County Act 1969
This Act officially distributed and demarcated land boundaries in Liberia. Prior to the Act, counties were created through political means. For instance the three older counties in Liberia- Montserrado, Sinoe, and Maryland were all products of political events.
Land Acquisition Act 1929
The Act lays down the procedure for obtaining rights to any piece of land in Liberia through purchase. The Act distinguishes land in Liberia into two categories viz: the Hinterland and the County areas.
The procedure for obtaining land located in the Hinterland is as follows:
• Obtaining consent of Tribal Authority to have a parcel of land deeded to the individual by the Government,
• Pay a sum of money as a token of his intention to live peacefully with the tribesmen,
• Paramount or clan chief signs a certificate which the purchaser forwards to the office of the District Commissioner (who also acts as the Land Commissioner for the area),
The District Commissioner after satisfying himself that the land is not encumbered in anyway approves that the land be deeded to the applicant and issues a certificate to that effect.
The procedure for obtaining land located in the County Area is as follows:
• Apply to the Land Commissioner in the county in which the land is located
• The Commissioner shall issue a certificate if he is satisfied that the land is unencumbered.
Upon completion of the above steps, the purchase shall pay the Bureau of Revenues the value of the land valued at a minimum rate of fifty (50) cents per acre (Land article 24 of the 1986 Liberian Constitution). He shall obtain and submit a receipt to the president for an order to have the land surveyed. A deed will then be drawn up by the Land Commissioner, authenticated, and given to the purchaser.
4.4 Institutional Framework
The institutions involved and responsible for the implementation of the RPF are:
Project Coordinating Unit (PCU)
The ministry would establish a Project Coordinating Unit (PCU) with the mandate to coordinate the activities of the EFA-FTI CF project. This PCU would consist of a project coordinator, procurement officer, M&E officer, project accountant, Social/Resettlement specialist, Environmental Specialist, etc.
Ministry of Education (MoE)
This Ministry is responsible for the overall coordination of the education sector in Liberia. For this project, the MoE is the focal ministry. The EFA-FTI CF project will be coordinated in the Education Facilities department.
Ministry of Land, Mines and Energy (MLME)
The Ministry is made up of three (3) major sectors - Lands, Mines and Energy. The Department of Lands Survey and Cartography is headed by an Assistant minister. This ministry supervises the development of land in Liberia. The MLME has resident surveyors in the counties and would be useful in ensuring land and property valuations are done properly.
Environmental Protection Agency (EPA)
The EPA is mandated to set environmental quality standards and ensure compliance with pollution control. It is responsible for the provision of guidelines for the preparation of Environment Assessments and Audits, and the evaluation of environmental permits. These may include certification procedure for landfill and other activities potentially dangerous to the environment.
Ministry of Public Work (MoPW)
This Ministry has responsibility for the design, construction and maintenance of roads, highways, bridges storm sewers, public buildings and other civil works. Other functions includes urban and town planning, provision of architectural and engineering of infrastructure required for waste management.
• Infrastructure Implementation Unit (IIU) is charged with the implementation of Urban Works Project on behalf of the ministry. The IIU is at the moment working on the WB’s financed Emergency Infrastructure Project Supplemental Component (EIP –SC) Urban Works Rehabilitation project and have implemented several RAPs and ARPs on behalf of the MoPW. This unit would be very helpful in working with the MoE as advisers in implementing the RPF instruments (RAP and ARP).
4.5 Land Tenure System
Customary Tenure
Customary tenure involves the use of land which the government has granted to people in the hinterland through customary rights. Such rights begin with the Town Chief, then the Clan or paramount Chief and finally the District Commissioner. The District Commissioner prepares Customary Land Grant Certificates which are subsequently legalised by the president of Liberia.
Freehold Tenure
It derives its legality from the constitution and its incidents from the written law. It involves holding land in perpetuity or a term fixed by a condition and enables the holding to exercise, subject to the law, full powers of ownership.
Leasehold Tenure
This is created either by contract or by operation of the law; it is a form under which the landlord or lessor grants the tenant or lessor exclusive right of the land, usually for a specific period in return for a rent, granting the tenant security of tenure and a proprietary interest in the land.
6. Land Valuation System
Title to all land vests in the state. Thus the GoL is the original grantor of land and the public are all grantees. One who obtains land from the state has a bona fide title and right to full possession and use of the land. However the state has the right to revoke any previously granted title. Before such power can be exercised, the state through its institutions is statutorily obliged to first evaluate the current market value of the property to be acquired with the aim of providing just compensation to the affected owner. Where the land to be revoked is in public use, the state has the burden of replacing it with one of commensurate value.
In the case of public land, section 31 of the 1986 Liberian Code provides the procedure for determining the cost as follows:
• One dollar per acre for land on the margin of a river
• Fifty cents per acre for land in the interior
• Thirty dollars per lot for town lots
The above rates are old and obsolete and have not been updated. Therefore the compensation rates will be based on the current open market value of the Land within six (6) months of payment (details in Chapter 7).
7. Compensation
Article 24 of the 1986 Liberia Constitution provides the basis for compensation for acquired land. It states that, “expropriation may be authorized for national security issues or where the public health and safety are endangered, or for any other public purposes, provided.”
For the expropriation to be successful the following issues need to be addressed:
• Prompt payment of just compensation
• That such expropriation or the compensation offered may be challenged freely by the owner of the property in a court of law with no penalty for having brought such action; and
• That when property taken for public use ceases to be soused, republic shall accord the former owner, the right of first refusal to reacquire the property.
4.8 World Bank Safeguard Policies on Involuntary Resettlement
The full text of OP 4.12 including its Annex A on Resettlement Instruments is presented in Annex 3
OP 4.12 on Involuntary Resettlement is to be complied with where impacts on livelihoods, impacts on assets, acquisition of land or restrictions to natural resources may take place as a result of sub-project activities. It includes requirements that:
• Involuntary Resettlement should be avoided or minimised exploring all viable alternatives project designs.
• Where it’s not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable persons affected by the project to share in project benefits.
• Affected people should be consulted and should have opportunities to participate in planning and implementing resettlement programs.
• Impacted persons should be assisted in their effort to improve their livelihoods and standards of living or at least to restore them to pre impact levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.
According to OP 4.12, the Resettlement Plans (RAP or ARP) should include measures to ensure that the affected persons are:
• Informed about the options and rights pertaining to impacts caused by project activities;
• Consulted on, offered choices among, and provided with technically and economically feasible alternatives; and
• Provided prompt and effective compensation at full replacement cost for losses attributable directly to the project;
If impacts include physical relocation, the RAP/ARP includes measures to ensure that APs are:
• Provided assistance (such as moving allowance) during relocation; and
• Provided with residential housing or housing sites or as required
4.9 Compensation of National and International Practices
Although Liberia has several laws concerning title to land and property, as compensation for acquisition of property, these regulation are ‘asset-oriented’ in contrast to the World Bank policies which focus on both asset and the restoration of livelihoods.
The asset oriented scheme of the GoL focuses on compensation based on pecuniary estimate of lost assets in exclusion of the socio- economic losses. A summary comparison between Liberian regulations and applicable WB policies is shown in Table 3.1.
The project’s compensation and resettlement programme is designed to meet the Liberian legislation and is also guided by the provisions of the WB policies and therefore, all differences identified for this project are bridged by the project’s compensation and resettlement policies. In particular, the project’s compensation and resettlement policies include provision for compensation at ‘replacement cost’ and also for providing financial and technical assistance to affected people to support economic and livelihood restoration activities.
The right of an aggrieved to seek redress is statutorily recognised under Liberian laws. Where the grievance is against an agency of GoL, the steps in seeking redress is to lodge a complaint with the GoL ministry or agency which shall conduct a hearing and make a determination on the matter. Such decision is subject to appeal to a regular court.
Jurisdiction of the court is hierarchically structured with decision of lower courts subject and appealable to higher courts. The supreme court of Liberia is the highest court and its decisions are not appealable. The time frame for instituting proceeding depends on the gravity and nature of injury involved.
Alternative Dispute Resolution (ADR) mechanisms are readily available and includes mediation. In the case of the ADR mechanism, the aggrieved party refers the dispute to a third party for a decision binding on both parties, and arbitration, where both parties appoint a board of arbitrators who make a binding decision on the dispute.
Table 4.1: Comparison between Liberian Regulations and World Bank Policies
|Theme |Liberian Legislation |World Bank Policies OP 4.12 |Mitigation Measures |
|Categories of affected |There is no distinction between affected individuals. |Involuntary Resettlement should be avoided where feasible, or |Project should be designed to distinguish between classes |
|individuals |Land owners, land users, owners of buildings and owners of |minimized. |of affected individuals and this should be taken into |
| |perennial crops are all lumped together and treated likewise. |Particular attention should be given to vulnerable groups |consideration in awarding compensation. |
| |There are no separate provisions for especially vulnerable |Affected persons should be assisted to improve their livelihoods | |
| |classes of people. |and standards of living or at least to restore them to pre- project| |
| | |levels. | |
|Impacts |Addresses only direct physical impact of acquiring land. |Compensation involves direct economic and social impact cause by |Design project to take socio-economic issues into |
| |Socio-economic considerations are not given priority. |acquisition. |consideration in determining compensation |
| | |It is good practice for the borrower to undertake social assessment| |
| | |and implementation measure to minimize adverse impacts, | |
| | |particularly to poor and vulnerable groups. | |
|Compensation & |Affected person are to be informed before repossession of land. |Affected persons should be: |Adequate communication between government agencies and |
|Participation |There is no provision on the notice period, and |Informed in a timely manner on their options and right pertaining |affected individuals well ahead of scheduled period of |
| |There is no distinction between farmed land, and developed land.|to resettlement |repossession |
| | |Offered choices among, and provided with technically and | |
| | |economically feasible resettlement alternatives. | |
| | |Provided with timely and relevant information to host communities | |
| | |receiving re-settlers. | |
|Eligibility for |Compensation is restricted to individuals having a legal title |The absence of legal title to land or other assets is not, in |Design project to extend compensation(Social and economic)|
|compensation & benefits |to affected land or required. |itself, a bar to compensate for lots assets or other resettlement |to individuals who do not have legal title to property |
| | |assistance. | |
|Monitoring & Evaluation |External evaluation is not required |Internal monitoring and external evaluation are required. |Design project to involve third party input in assessment |
| | | |of compensation to be paid |
5. Process of Developing Resettlement Plans
5.1 Overview of the Resettlement Preparation Process
In Resettlement planning, screening of sub-projects is used to identify the type and nature of potential negative impacts resulting from activities proposed under the project and provide adequate measures to address these impacts. Screening for resettlement issues shall be part of the environmental and social screening checklist, as is detailed in the Environmental and Social Management Framework (ESMF). A Resettlement Action Plan (RAP) or an Abbreviated Resettlement Plan (ARP) (as required) shall be prepared by the MoE, preferably with the support of a Resettlement Consultant, for sub-projects that have been determined to result in negative impacts. (Details in Annexes 5 and 6).
The steps to be undertaken for each individual Resettlement Plan (RAP /ARP) include a screening process; a socioeconomic census and land asset inventory of the area; and identification of Project Affected Persons (PAPs). This is followed by the development of a Resettlement Action Plan (RAP) or ARP; RP review and approval; implementation of the RP (RAP or ARP) and monitoring of RP (RAP or ARP) implementation and success. The goal of screening is to identify and consider resettlement issues as early as possible.
2 Screening for Involuntary Resettlement
The proposed resettlement preparation process for sub-projects without land acquisition is summarized by Figure 5.1 and that for sub-project with land acquisition is summarized by Figure 5.2.
The general guidelines to determine whether a RP is required are as follows:
• Sub-projects that would result in impacts that would not require land acquisition and would impact less than 10% of their assets would require the preparation of an ARP (see Figure 5.1).
• Sub-projects with minor impacts (i.e if affected people are not physically d and less than 10% of their productive assets are lost or fewer than 200 persons (between 51 and 199 persons are affected) would require the preparation of ARP.
• Sub-projects that would result in impacts that would require land acquisition would require the preparation of a RAP (see Figure 5.2).
• Sub-projects with significant impacts (i.e if .affected people are physically d and more than 10% of their productive assets are lost or 200 or more individuals are affected) would require the preparation of a RAP (see Figure 5.3).
Figure 5.1: Resettlement Preparation process for Sub-Projects without Land Acquisition
Figure 5.2: Resettlement Preparation process for Sub-Projects with Land Acquisition
Figure 5.3: Resettlement Preparation process for Sub-Projects with Land Acquisition and Affected Inhabited Dwellings
5.3 Mechanism for Consultation and Participation of PAPs
Public consultation and participation are essential because they afford PAPS the opportunity to contribute to both the design and implementation of the project activities and reduce the likelihood for conflicts as well as increase benefits being realized by PAPs and the GoL.
For this project to be successfully meaningful, effective and close consultation with local communities is a pre-requisite. In recognition of this, particular attention would be paid to public consultation with potentially affected individuals/households.
Stakeholders for the purpose of this project shall be defined as all those people and institutions that have an interest in the successful planning and execution of the project. This includes all persons and institutions positively and negatively affected by the project. To identify the key stakeholders, the table 5.1 below is developed
All RPs will include a consultation form (see Annex10) to record all stakeholders’ consultations.
The consultation process shall ensure that all those identified as stakeholders are consulted subject to PCU’s approval. Information about the project will be shared with the public, to enable meaningfully contribution, and enhance the success of the EFA FTI CF project.
Table 5.1: The Stakeholders Identification Matrix
|Those who may be affected by the project: |
|These may include |How to identify them |
|People living in the vicinity of the |Review available data to determine the stakeholder profile of the whole stakeholder or |
|proposed sub-projects investments. |relevant group. |
| |Use identified groups and individuals to tap into stakeholder networks to identify others. |
|Special interest groups: Vulnerable |Identify key individuals or groups through organised groups, local clubs, community halls and |
|and Marginalized ( women, |religious places. |
|disables, children) |Organisations such as environmental groups would be aware of similar local groups or |
| |individuals. |
|Individual people who own properties |Advertise in local newspapers, telling people that they may be affected and asking them to |
|that will be directly or indirectly |register interest in attending meetings or receiving further information. |
|affected. | |
|Business (owners and employees). |District lists or property registers. |
5.4 Baseline and Socioeconomic Survey
An important aspect of preparing a RP is the collection of baseline data within the project targeted areas to better assess potentially affected communities. A socio-economic study and census will be used to collect base line data within the targeted areas thereby enabling the social assessment of potentially affected populations/communities, identify potentially affected people on the individual and household levels, vulnerable groups (women, children, the elderly, female headed households, internally impacted people, etc.) and to discourage inflow of people ineligible for assistance.
The socio-economic study would focus on the identification of stakeholders (demographic data), the participation process, identification of affected people (including owners and users of land) and impact on their property and their production systems, the institutional analysis and the system for monitoring and evaluation.
Detailed calculation of individual and household economies and identification of all impacts will be undertaken as part of the socio-economic study and be t determined in the potential compensation process. Standard characteristics of the affected households, including a description of production systems, labour, and household organization, and baseline information on livelihoods (including production levels and incomes derived from both formal and informal economic activities) and standards of living and health status of the impacted population.
An electronic database will be developed to store all socio-economic data collected during the survey. All data collected will be disaggregated by gender to ensure women are active participants and beneficiaries of project activities, as well as ensuring women do not experience disproportionate negative impacts.
Photographs of PAPs and their assets will be taken to supplement identification and enable transparency with respect to material assets. The census survey will assist in preparing the sub-project plans for each PAP and his/her household and will be used to monitor the success of the RAP process.
The survey should have the minimum details (see Annex 4 for details)
• Name and family particulars ;
• Demographic information on social classification, education and occupation of each family member;
• Skill base/education level for each member;
• Total family income (from all sources);
• Details of land ownership and extent of land loss due to the land; acquisition/negotiation (actual land ownership, and not only in terms of land records);
• Details of income loss due to loss of land (if any);
• Details of any structure or asset on the impacted land;
• Identification of vulnerability (women-headed household, family with physically and mentally challenged members, family with aged members, family with income below poverty line and family losing more than the economic threshold of their land through acquisition/negotiation).
5.5 Review and Approval of Resettlement Plans
The Resettlement Plans (RPs) would then be forwarded for screening and approval to the MoE Project Coordinating Unit (PCU) in compliance with the project institutional and administrative requirements. All approved sub-projects that trigger OP 4.12 and their respective sub-project RPs would be subject to the final approval of the World Bank to ensure compliance with the WB’s OP 4.12 guidelines ensuring that the sub-project RPs are consistent with this RPF.
6. Eligibility Criteria for Various Categories of Project Affected Persons
PAPs will be entitled to compensation based on the status of their occupation of the potential project area.
Under the WB's OP 4.12, PAPs are defined as those who are affected by project activities which result in:
• Relocation or loss of shelter
• Loss of assets or access to assets; and/or
• Loss of income source, business or means of livelihood, whether or not affected person must move to another location
6.1 Eligibility
All PAPs irrespective of their status or whether they have formal titles, legal rights or not, squatters or otherwise encroaching illegally on land, are eligible for some kind of assistance if they occupied the project area before the cut-off date. Persons who occupied the area after the socio-economic study (census and valuation) are not eligible for compensation or any form of resettlement assistance.
All persons residing, conducting activities or earning income within the project affected areas at the cut-off-date, which is the last day of inventory of loss (IOL) will be entitled to compensation and resettlement assistance. To determine their eligibility, PAPs are classified as follows:
• Person who have formal right to land ( including customary and traditional rights recognised under Liberia law);
• Persons with temporary or leased rights to use land; and
• Persons who do not have formal legal right to lands or other assets at the time of the census, but who have claim to such legal rights by virtue of occupation or use of those assets.
• Businesses within the community
Those who do not have the legal title to land but reside in the affected area before the cut-off-date will be compensated for properties such as houses and other investment on the land, but will not be compensated for the land.
To achieve the objectives set in this RPF, persons who encroached into the project affected area after the cut –off-date are not entitled to compensation or any form of assistance. Table 5.1 shows eligibility criteria for PAPs classified in this report.
The World Bank’s OP 4.12 guidelines require compensation for lost, or impacted, assets and replacement costs to both titled and non-titled landholders and resettlement assistance for lost income and livelihood. In this project, the absence of formal titles should not constitute a barrier to resettlement assistance and rehabilitation.
.
The principles adopted entails special measures and assistance for vulnerable affected persons, such as female-headed households, disabled persons, migrants and the poor. PAPs affected through land acquisition, relocation loss of residence and structures, and business enterprise are entitled to a combination of compensation measures and resettlement assistance, depending on ownership right and lost assets. PAP will be entitled to compensation and resettlement assistance that will help in the restoration of their livelihoods to at least, pre-project standards.
Table 6.1: Eligibility Criteria for Compensation
|PAP Classification |Eligible for |
| |Compensation |No Compensation |Assistance |
|Those with legal right |Land or asset |For land, assets, and structure|Assistance as needed |
| | |on the land after the | |
| | |cut-off-date | |
|Those with temporary or leased |Land and assets |For land, assets, and structure|Assistance as needed |
|rights at cut-off-date | |on the land after the | |
| | |cut-off-date | |
|Those with no legally recognised|Assets only | |Assistance as needed |
|right but arrived before | | | |
|cut-off-date. | | | |
|Those who arrived after |None |None |None |
|cut-off-date | | | |
|Those with business located |Assets |For business located in |Assistance as needed |
|within the community | |community after the | |
| | |cut-off-date and outside the | |
| | |affected area. | |
2 Eligibility for Community Compensation
Communities (counties, districts, towns and villages) permanently losing land and/or access to assets and or resources under customary rights will be eligible for compensation. Example of community compensation could include those for public toilets, market place, taxi parks and health centres. The rationale for this is to ensure that the pre-project socio-economic status of communities adversely impacted is also restored. The local community leaders will play a crucial role in identifying users of land.
3 Method to Determine the Cut – Off Dates
It will be important to set a cut-off date at an early stage of the preparation process in order to avoid speculation and illegitimate claims at a later stage.
An appropriate cut-off date will be the time when the assessment of persons and their property in the sub-project area is carried out, i.e. the time when the sub-project area has been identified and when the baseline survey, census and preliminary asset inventory is undertaken.
Thereafter, no new cases of PAPs will be considered. Unfinished structures would be identified and secured, and unused materials will be piled at the site so that the cut -off survey can estimate investment which should be compensated for in lieu of expenses (including labour) incurred until the cut - off date.
The establishment of a cut-off date is required to prevent opportunistic invasions /rush migration into the chosen land thereby posing a major risk to the project. Therefore, establishment of the cut-off date is of critical importance.
The Local Administrative Officer such as the Customary Heads will play a crucial role in identifying users of land since most of them would have acquired their customary rights to use the land from their customary heads.
4 Defining Entitlements and Preparing an Entitlement Matrix
The basis of what is to be paid as compensation will be determined by identifying the most appropriate entitlement for each loss. Based on the entitlements, options for resettlement would be selected in accordance with World Bank Policy OP 4.12 (6a (ii) and the merits of the option.
The Resettlement Consultant will prepare an entitlement matrix with respect to both temporary and permanent impacted persons. This matrix will set the measure for the payment for all losses or impacts. It will also list the type of loss, criteria for eligibility and define entitlements as presented in Table 6.2.
Table 6.2: Entitlement Matrix
|Category of |Type of Loss |ENTITLEMENTS |
|PAP | | |
| | |Compensation for Loss of |Compensation for |Compensation for |Moving |Other Assistance |
| | |Structures |Loss of Land and |Loss of Income |Allowance | |
| | | |other Assets | | | |
| |Loss of Structure |Compensation at full |Lump sum payment of |For lost rental |Moving to be |Disturbance |
| |or Business |replacement value not |6 months rent per |income, Lump sum |done free by |Allowance to be |
| | |depreciated. |tenant |cash payment of 3 |project |determined by |
| | | | |months rent per | |PCU |
| | | | |tenant. | | |
|Residential |Loss of rental |No loss of structure, no |Replacement costs |No loss of income |Free moving |Lump sum payment |
|Tenant: |accommodation |entitlement to housing at |for non-movables if | |if |of 6 months rent |
| | |new site. |installation was | |notification |per tenant |
| | | |agreed with owner. | |before | |
| | | | | |deadline | |
| | | | | | | |
|Business | | | | | | |
|Tenant | | | | | | |
| |Loss of Premises |No Loss |Replacement cost for|For loss of |Free moving |N/A |
| | | |facilities that |business income, |if | |
| | | |cannot be moved |payment of half of |notification | |
| | | | |turnover for 3 |before | |
| | | | |months |deadline | |
| |Loss of Land |None |Where possible |Crops at market |None |Possible |
| | | |assistance in |rates in scarce | |employment with |
|Encroachers | | |securing other |season. For street | |civil works |
|(using Land) | | |access to land for |vendors on right of| |contractors, etc.|
| | | |crops growing |ways possible | |and/or amount to |
| | | |subject to approval |access to other | |be determined by |
| | | |of local |sites/locations | |PCU |
| | | |authorities/communit| | | |
| | | |ies. | | | |
| |Loss of Shelter |Compensation at full |None |Payments in lieu of|None |Amount to be |
| | |replacement value for | |wages while | |determined by PCU|
|Squatters | |structure, relocation to | |rebuilding | | |
|(living on | |resettlement site, with | | | | |
|Site) | |payment of site rent. | | | | |
The WB Safeguard policy on Involuntary Resettlement (OP 4.12) requires compensation for lost or impacted asset and replacement costs to both titled and non-titled landholders and resettlement assistance for lost income and livelihood. In this project, the absence of formal titles should not constitute a barrier to resettlement assistance and rehabilitation.
.
7. Valuation Methods and Compensation
7.1 Basis of Valuation
In ensuring that during the project implementation, PAPs will be provided full replacement cost of lost structures and other impacted assets and are able to rebuild or replace their structures/ assets without difficulties. The valuation will estimate asset compensation rates based on full replacement cost without depreciation (Table 7.1). Relevant data to be captured during valuation will include:
• location details of the land, boundaries of the area/section of the land to be affected
• affected immovable properties: detailed measurement of buildings, shops, other assets, and structures;
• property details including noting accommodation, constructional details of affected property external works (fence walls, gates, pavements) affected details etc where relevant.
• categorizing temporary structures based on constructional details (wall materials, affixed to concrete not), size of structure and use of structure (business/residential); and,
• data on households affected (tenants, owners, relatives apprentices/trainees and livelihood).
The basis of valuation would comply with the stated legal provisions and this necessitate that the basis of valuation must assess the "Open Market Capital Value” which is usually the Replacement Cost.
Table 7.1: Method of Valuation
|Type of Loss |Method of Valuation |Basis of Valuation |
|Loss of land |Full Replacement Cost |Based on the open market value of |
| | |comparable recent land transaction in |
| | |county |
|Loss of buildings, structures and other civil |Replacement Cost Method or |Full replacement cost value as if new |
|works |Comparative Sales Method (which ever |- recent construction cost rates |
| |gives a commensurate value) | |
|Loss of business Income and loss of business |Comparative method |Based on the average monthly net |
|Goodwill | |profit |
|Loss of income from rent and expenditure incurred |Comparative sales method |Based on the comparable rent passing, |
|for alternative accommodation during reinstatement| |rent advance paid |
|period | | |
|Expenditure incurred for transfer of movable |Comparative method |Based on truck/transport with hiring |
|properties and temporary structures | |charges |
|Loss of Wages |Comparative method |Based on current fees and wages |
|Loss of fees from apprentice | | |
|Loss of job training | | |
2 Compensation Payments and Related Considerations.
Individual and household compensation will be made in either in cash, kind, and/or through assistance (Table 7.2). The type of compensation will be an individual’s or household head’s choice although every effort will be made to instill the importance and preference of accepting in kind compensation if the loss amounts to more that 20% of the total loss of subsistence assets.
Table 7.2: Forms of Compensation
|Cash payments |Compensation will be calculated in US Dollar. Rates and will be adjusted for inflation |
|In-kind Compensation |Compensation may include items such as land, houses, other buildings, building materials, |
| |seedlings, agricultural inputs and financial credits for equipments |
|Assistance |Assistance may include moving allowance, transportation assistance and labour. |
2 Entitlement for Compensation
Entitlements for compensation shall be based on the eligibility criteria and the various categories of losses identified in the desk studies and field consultations. Unless otherwise indicated, payment of compensation and other entitlements and the extension of assistance will be made to PAP households and individual PAP as the case may be. In dealing with compensation, preference shall be given to land based resettlement strategies for PAPs whose livelihoods are land-based.
Where sufficient land is not available at a reasonable price, non-land based options centred on opportunities for employment or self re-employment should be provided in addition to cash compensation for land and other assets lost. However this lack of land shall be documented and justified. In addition to these entitlements, households who are found in difficult situations and are at greater risk of impoverishment (i.e. widowed household heads, households without employment, single parent households etc) as identified by the census will be provided with appropriate assistance by the project. Assistance may be in form of food, temporary accommodation, medical subsidy, employment referrals or priority employment in project activities. The assistance is meant to help them cope with the impacts caused by the project.
8. Implementation Process and Organisational Responsibilities
1 Implementation Schedule
For each sub-project, a detailed implementation schedule of the various activities to be undertaken will be included in the RP. Resettlement schedules will also be coordinated with the civil works schedules. Payment of compensation and provision of other rehabilitation entitlements (in cash or in-kind), and relocation, if that is the case, will be completed at least one month prior to the scheduled start-up date of works in the respective work site.
A Social/Resettlement Specialist in the PCU will be responsible for the implementation of the RPs (ARP/RAP), in close collaboration with the Infrastructure Implementation Unit (IIU) of the Ministry of Public Works (MoPW); the Department of Land, Survey and Cartography (DLSC) of the Ministry of Lands, Mines and Energy (MLME) and the Environmental Protection Unit (EPA).
2 Implementation Plans
The MoE shall make sure that, following the census of PAPs, a comprehensive RP is prepared for each sub-project activity that triggers OP 4.12. In this undertaking, the services will be contracted to a Resettlement Consultant/ Firm to carry out the evaluations of the assets of PAPs to be embodied in the ARP/RAP.
In case of involuntary resettlement, approval of the new land areas designated to be used for resettlement shall be sought from the DLSC of the MLME in consultation with the Resident County Surveyors of the DLSC based in the counties. The following shall be carried out:
• Census to identify PAPs; the census will generate information about the affected persons, their entitlements regarding compensation, resettlement and rehabilitation assistance as required, disturbances, especially those affecting income-earning activities and impact on assets should be properly recorded with the view to compensation or replacement in case of resettlement, based on the census and inventory of losses, and in consultation with the impacted persons, a time-phased action plan with a budget for provision of compensation, resettlement, and other assistance as required, shall be prepared.
• PAPs shall be informed of the method of valuation employed to assess their assets. All payments of Compensation, Resettlement Assistance and Rehabilitation Assistance, as the case may be, shall be made by MoE in the presence of the PAP(s) in question and witnesses.
8.3 Implementation Responsibilities
The implementation of the RP would involve various ministries and agencies but the overall responsibility would be that of the MoE. At the, moment there is no defined organisational structure within the MoE to implement the RAP/ARP. Therefore, a capacity building element has been added to address the mitigation, monitoring and evaluation issue that would occur during first phase of implementation. This is seen in section 8.4.
The GoL’s ministries and agencies responsible for the implementation of the RP are seen in Table 8.1.
Table 8.1 RPF Instruments Implementation Arrangement
|No |Organisation |Roles and Responsibility |
|1 |Ministry of Education (MoE) |Coordination (Planning and implementation process); Budget allocation for sub- |
| | |projects; Internal Monitoring and Evaluation |
|2 |Ministry of Land, Mines and Energy |Ensure that land acquisition; valuation of the land and property through the |
| |(MLME) |various Resident county surveyors |
|3 |Infrastructure Implementation Unit |External Monitoring and Evaluation of project implementation |
| |(IIU) of the Ministry of Public Works | |
| |MoPW) | |
|4 |Environmental Protection Agency (EPA) |Ensure that the Social and Environmental Policies and guidelines are followed |
| | |up. |
|5 |Counties Education Departments |Responsible for the implementation of Project activities in the various |
| | |counties; ensure that PAPs are compensated; awareness creation, grievance |
| | |redress |
Figure 8.1 shows the implementation organogram for the EFA-FTI CF project across the relevant ministries and agencies.
Figure 8.1: RAP/RPF Implementation Arrangement
Table 8.2 highlights the various tasks and organisations responsible for implementing the tasks identified for the implementation of the RP.
Table: 8.2 Implementation Responsibilities
|No |Task |Organisation |
|1 |Selection of sub-project sites |MoE PCU in collaboration with WB and Consultant Architect |
|2 |Preliminary reconnaissance of resettlement issues|MoE county offices, MLME Residents Surveyors, Consultant Architects|
| |at sub-project sites |and Resettlement consultant |
|3 |Assessment of the needs for land acquisition |MoE PCU, MoE county offices in collaboration with MLME Resident |
| | |Surveyors |
|4 |Assessment of the number of affected people |MoE PCU, MoE county offices, community representative and |
| | |Resettlement Consultant. |
|5 |Trigger the procedures required to undertake |MoE PCU, MoE county offices, MLME Resident County Surveyor office. |
| |land acquisition | |
|6 |Decision on whether a RAP or ARP is needed |MoE PCU and World Bank |
| | | |
|7 |Preparation of RAPs and ARPs |Resettlement Consultant hired by the PCU with support from MoE |
| | |county offices, MLNE Resident county surveyors |
|8 |Stakeholders Consultation |Resettlement Consultant hired by the PCU with support from MoE |
| |(See Annex 10) |county offices, MLNE Resident county surveyors |
| |Organise and implement census of affected people|Resettlement Consultant n charge of RAPs , with MLNE resident |
|9 |and census and valuation of affected assets in |county surveyors and private surveyors |
| |the framework of the development of a RAP or ARP| |
|10 |Identify vulnerable people when developing RAPs |Resettlement Consultant |
| |and ARPs | |
|11 |Review of RAPs and ARPs |PCU, IIU and World Bank |
|12 |Budgeting of compensation costs |PCU with the relevant authorities in the MoE and Ministry of |
| | |Finance and the WB |
|13 |Determining arrangement for channelling |PCU with the relevant authorities with the ministry of finance |
| |compensation funds | |
|14 |Implementing RAPs and ARPs |MoE county offices with technical support from the PCU and |
| | |Resettlement consultant |
|15 |External Monitoring of implementation activities |World Bank and IIU |
8.4 Institutional Capacity Assessment and Building
Based on the assessment of the institutional capacities of the different ministries and agencies involved, it is recommended that the GoL contract technical assistance to provide training and operational support to the PCU of the MoE and other ministries/agencies involved in the implementation. A detailed training workshop is seen in Table 8.3.
Table 8.3: Proposed Capacity Building Schedule
|Day |Hours |Course Content |Training Materials |
|DAY 1 |9.00 – 10.30 |Official opening |List of participants |
| | |Introduction of Participants |Agenda for training session |
| | |Introduction to programme and trainers | |
| | |Introduction of programme of Training session | |
| |10.30 – 11.00 |Break | |
| | |General Introduction |PowerPoint presentation |
| |11.00 -12.30 |Involuntary vs. Voluntary Resettlement |Associated handouts |
| | |World Bank Safeguard policies | |
| | |Environmental and Social Safeguards | |
| | |Main issues associated with Involuntary Resettlement | |
| |12.30 – 13.30 |Lunch | |
| | |World Bank OP 4.12 Involuntary Resettlement |Full text of OP 4.12 for each |
| |13.30 – 15.00 |Principles of RAP/ARP |participant (included in the |
| | |Planning Requirements |RPF) |
| | |Implementation Requirements | |
| | |Grievance and Conflict Management and Resolution | |
| | |Documentation and Disclosure Requirements | |
| | |Monitoring and Evaluation of RAPs and ARPs | |
| |15.00 – 15.30 |Break | |
| | |Resettlement Policy Framework (RPF) prepared for EFA-FTI CP |Full copy of the RPF for each |
| | |Overview & Objective of the RPF |participant |
| |15.30 – 17.00 |Gaps between OP 4.12 & Liberia Legal Legislation and how to |PowerPoint presentation |
| | |bridge them | |
| | |Eligibility and Entitlements | |
| | |Resettlement and Compensations packages | |
|Day |Hours |Course Content |Training Materials |
|DAY 2 | |Resettlement Policy Framework (RPF) prepared for EFA-FTI CP|Full copy of the RPF for |
| | |(continued) |each participant |
| |9.00 – 10.30 |Assessment process (i.e. introduction to ARPs and RAPs as |PowerPoint presentation |
| | |proposed in the RPF) | |
| | |Census & Socio-economic Methodology | |
| | |Content of an ARP | |
| | |Content of a RAP | |
| | |Grievance and conflict Management | |
| | |Vulnerable people | |
| | |Monitoring and Evaluation tools | |
| |10.30 – 11.00 |Break | |
| | |First Case Study : Emergency Infrastructure Project |PowerPoint presentation |
| | |Supplemental Component (EIP-SC) Urban Works Rehabilitation |Associated handouts |
| |11.00 – 12.30 |Resettlement Action Plan | |
| | |Background | |
| | |Resettlement packages | |
| | |Consultations and negotiations with affected people | |
| | |Development of Resettlement sites | |
| | |Potential strong point | |
| | |Potential weak points | |
| |12.30 – 13.30 |Lunch |Target groups |
| | |Second Case Study : Social Action Plan and Resettlement Plan|PowerPoint presentation |
| | |of the Railway Right of Way Clearance and Rehabilitation, |Associated handouts |
| | |Buchanan to Yekepa | |
| |13.30 – 15.00 |Background | |
| | |Resettlement packages | |
| | |Consultations and negotiations with affected people | |
| | |Development of Resettlement sites | |
| | |Potential strong point | |
| | |Potential weak points | |
| |15.00 – 15.30 |Break | |
| | |Work in small groups: Analysis some World Bank RAP and ARP |Copies of Each of the |
| | |Presentation of the objectives of the work in small groups |RAP/ARP |
| |15.30 – 17.00 |Formation of thee groups and start of the work | |
| | |Implementation Requirements | |
|Day |Hours |Course Content |Training Materials |
|DAY 3 |9.00 – 10.30 |Presentation of their finding by each of the groups of |Copies of Each of the |
| | |the RAP/ARP analysed: |RAP/ARPs |
| | |Background | |
| | |Identification of affected people | |
| | |Resettlement & Compensation policies | |
| | |Census and Socio-economic survey instruments used | |
| | |Gaps observed in the RAPs/ARPs | |
| |10.30 – 11.00 |Break | |
| | |Site visit in Monrovia |Copies of Household survey |
| | |Assuming that sites have been picked and the design of |forms |
| |11.00 – 13.30 |this sites are available at the time the workshop is | |
| | |holding, these sites would be visited to: | |
| | |Initial reconnaissance of resettlement issues with | |
| | |reference to sub-project design | |
| | |Identification of Affected people and assets | |
| | |Household survey | |
| |13.30 – 14.30 |Lunch Break | |
| |14.30 – 17.00 |Group Wrap up discussion | |
| | |Evaluation of the session by participants | |
| | |Follow-up activities required | |
| | |Questions and answers to the Trainers | |
| | |Official Close-up of the Session | |
9. Grievance Redress Mechanism
9.1 Introduction
A Grievance Redress Committee will be set-up by the PCU to address complaints arising from the implementation of the RP. The committee will consist of at least 30% women. The committee will ensure that all complaints received in writing (or written when received verbal) are documented and addressed (See Sample Grievance Form in Annex 7). This committee will be directly under the Project Coordinator of PCU/MoE. Functions of the grievance redress committee will include:
• Provide support to PAPs on problems arising impacts on assets;
• Record grievance of PAP, categorize and prioritize the grievances that need to be resolved by the Committee ; and
• Report to the aggrieved parties about the developments regarding their grievances and the decision of the Project authorities.
9.2 Objective of the Grievances Procedures
The grievance redress procedure provides a mechanism to mediate conflict and cut down on lengthy litigation, which often causes delay in such infrastructure projects. It will also provide people who might have objections or concerns about their assistance, a public forum to raise their objections and through conflict resolution enable issues to be addressed adequately. The committee will undertake consultations with PAP and other interested parties. The committee will provide ample opportunity to redress complaints informally. Grievances likely to arise include:
• Failure to register all PAPs;
• Losses not identified correctly;
• Inadequate assistance or not as per entitlement matrix;
• Dispute about ownership;
• Delay in disbursement of assistance; and
• Improper distribution of assistance.
3 Grievance Mechanism
Grievance related to any aspect of the project will be handled through negotiation, which will aim at achieving a consensus settlement. PAPs may follow the procedures outline below:
• Grievance form will be filled by person affected by the project with the Grievance Redress Committee which will act on it within 10 working days on receipt;
• If no understanding or amicable solution is reached, or the affected person does not received a response from the PCU within 15 working days, the affected person can appeal to a designated office in the PCU of the MoE, which should act on the complaint/grievance within 15 working days of its filing.
• If an affected person is not satisfied with the decision received, he can as a last resort appeal to a court of competent jurisdiction. Affected persons will be exempted from all administrative and legal fees incurred pursuant to grievance redress procedures
It is the responsibility of the grievance redress committee to satisfactorily address all complaints brought by the project affected persons, where an affected person is not satisfied with the decision of the grievance redress committee; such person has an opportunity to seek the intervention of the PCU/MoE to address the grievance.
[pic]
Figure 9.1: Flowchart for Grievance Mechanism
10 Monitoring and Evaluation
10.1 Introduction
Monitoring and Evaluation (M&E) is required to assess the goals of the resettlement and compensation plan are met. The monitoring plan will indicate parameters to be monitored, monitoring guidelines and resources including responsible persons or institutions to carry out the monitoring activities.
The purpose of resettlement monitoring will be to verify that:
Actions and commitments described in the RPs are implemented;
Eligible people and communities receive their full compensation prior to the start of the
construction activities in the respective areas;
RP actions and compensation measures have helped the people who sought cash
compensation in restoring their lost incomes and in sustaining/improving pre-project
living standards;
Complaints and grievances lodged by project affected people are followed up and, where
necessary, appropriate corrective actions are taken;
If necessary, changes in RP procedure are made to improve delivery of entitlements to
project affected people.
The WB’s safeguard policy (OP 4.12) states that the project sponsor is responsible for adequate M&E of the activities set forth in the resettlement instrument. Monitoring will provide both a warning system for the project sponsor and a channel for the affected persons to make known their needs and their reactions to resettlement execution. The sponsor’s M&E activities and programs should be adequately funded and staffed. In-house monitoring may need to be supplemented by independent external monitors to ensure complete and objective information.
Arrangements for monitoring by Implementing Agency
Arrangements for monitoring the resettlement and compensation activities should fit with the overall monitoring plan of the ETA-FTI CF Project, which includes the PCU’s Social/Resettlement Specialist monitoring at the national level and decentralized monitoring through the Counties Social/Community specialist in the County Education Departments and the Community Based Organizations (CBO). These departments are expected to have M&E guides established and functional by the end of the first year in the project cycle. The M&E indicators should include but not limited to the following:
• delivery and usage of compensation and resettlement entitlements;
• allocation of replacement land and residential plots, where applicable;
• reconstruction of new houses and other infrastructure, where applicable;
• compensation measures applied to cater for damage during construction activities;
• reported grievances and action taken;
• problems encountered and action taken;
• general issues related to the success of compensation and resettlement measures.
• implementation progress;
• compensation and resettlement policies;
• delivery of entitlements, including replacement land where applicable;
• changes in livelihoods and incomes among PAPs; and,
• consultation with and participation of PAPs and other Stakeholders.
World Bank Supervision Arrangements
The World Bank will undertake periodic project supervision assess compliance with the RPF requirements, and to recommend any corrective measures that may be necessary to resolve implementation problems or inadequacies.
Verifiable Indicators
A number of objectively verifiable indicators shall be used to monitor the impacts of the compensation and resettlement activities. These indicators will be targeted at quantitatively measuring the physical and socio-economic status of the PAPs, to determine and guide improvement in their social well-being. The establishment of appropriate indicators in the RAPs/ARPs. is essential since what is measured is what will be considered important. Indicators will be created for affected people as a whole, for key stakeholder groups, and for special categories of affected groups such as women headed households, disable persons, marginalised persons etc.
A number of objectively verifiable indicators shall be used to monitor the impacts of the compensation and resettlement activities. These indicators will be targeted at quantitatively measuring the physical and socio-economic status of the PAPs, to determine and guide improvement in their social well-being.
The monitoring indicators to be used for different RPs are developed to respond to specific site conditions.
• Input indicators include the resources in terms of people, equipment and materials that go into the RP. Examples of input indicators in the RP include: (i) the sources and amounts of funding for various RP activities; and (ii) the establishment of the Land Acquisition Team.
• Output indicators concern the activities and services, which are produced with the inputs. Examples of output indicators in the RP include (i) a database for tracking individual plot compensation; and (ii) the payment of compensation for loss of land or assets.
• Process indicators represent the change in the quality and quantity of access and coverage of the activities and services. Examples of process indicators in the RP include:
• The creation of grievance mechanisms;
• The establishment of stakeholder channels so that they can participate in RAP implementation; and,
• Information dissemination activities.
The following indicators in table 10.1 will be used to monitor and evaluate the implementation of resettlement and compensation plans.
Table 10.1: Monitoring & Evaluation Indicators
|VERIFIABLE INDICATORS |
|Monitoring |Evaluation |
|Outstanding Compensation or Resettlement Contracts not |Outstanding individual compensation or resettlement contracts |
|completed before next agricultural season | |
|Communities unable to set village-level compensation after two |Outstanding village compensation contracts |
|years | |
|Grievances recognized as legitimate out of all complaints |All legitimate grievances rectified |
|lodged. | |
|Pre- project production and income (year before land used) |Affected individuals and/or households compensated or |
|versus present production and income of resettlers, |resettled in first year who have maintained their previous |
| |standard of living at final evaluation. |
|Pre-project production versus present production (crop for |Equal or improved production household |
|crop, land for land) | |
|Pre-project income of vulnerable individuals identified versus |Higher cost project income for vulnerable individuals |
|present income of vulnerable groups. | |
Financial records will be maintained by the districts and the PCU to permit calculation of the final cost of resettlement and compensation per individual or household. Each individual receiving compensation will have a dossier containing;
• Individual Personal information,
• Number of people s/he claims as household dependents
• Amount of land available to the individual or household when the dossier is opened.
• Additional information will be acquired for individuals eligible for resettlement/compensation:
• Level of income and of production
• Inventory of material assets and improvements in land, and
• Debts.
Each time land is used /acquired by a sub-project; the dossier will be updated to determine if the individual or household is being affected to the point of economic non viability and eligibility for compensation/resettlement or its alternatives. These dossiers will provide the foundation for monitoring and evaluation, as well as documentation of compensation agreed to, received, and signed for.
It is normal that some compensation procedures and rates may require revision at some time during the project cycle. The MoE, districts and PCU will implement changes through the Change Management Process in the Monitoring and Evaluation manuals of the project, which will require feed back from:
• Indicators monitored by the local governments to determine whether goals are being met, and
• a grievance procedure for the local community to express dissatisfaction about implementation of compensation and resettlement.
10.2 Disclosure of Social Safeguard Instruments.
The PCU of the MoE will disclose this RPF report at the MoE, MLME, EPA, MoPW, respective county offices of ministries where the sub-projects project activities would be taking place. The RPF will also be disclosed at the World Bank Infosfop.
Likewise, all RPs to be prepared under the sub-projects will be disclosed at the MLME, EPA, MoPW, respective county offices of ministries and the World Bank Infoshop. Copies of the report will be made available at relevant offices, Local Government Secretariats and to stakeholders.
11. Funding Arrangement
Each RP will include a detailed budget for compensation and other rehabilitation entitlements (see template of RP budget in Annex 8). It will also include information on how the funds will flow as well as the compensation schedule. The RP will also clearly state where the sources of land and/or funds will come from. The borrower, GoL carries official responsibility for meeting the terms of this framework, including financial obligations associated with land acquisition.
At this stage, it is not possible to estimate the likely number of people who may be affected since sub-projects have not yet been identified. When these locations are known, and after the conclusion of the site specific socio-economic study, information on specific impacts, individual and household incomes and numbers of affected people and other demographic data would be available, thus facilitating the preparation of a detailed and accurate budget for resettlement and compensation.
The EFA FTI CP project will prepare the resettlement budget and will finance this budget through the administrative and financial management rules and manuals of the PCU. It is common to underestimate the actual costs of resettlement planning and implementation by the project sponsors/managers, therefore it is imperative that all costs be estimated carefully and included in a detailed RP budget. The detailed budget will contain accurate assessment of the costs of land acquisition compensation for lost or impacted assets, costs of physical (if any) and costs for various alternative options.
At this stage however, all that can be reasonably and meaningfully prepared is an indicative budget highlighting key features that the budget must contain, as follows;
|S/N |Item |Cost (Naira) |Assumptions |
|1 |Compensation for land acquired |per hectare |For land acquisition purpose based on const |
| | | |realized in projects involving similar issues in |
| | | |Liberia |
|2 |Compensation for loss of crops |per hectare of farm lost |Include cost of labour invested and average of |
| | | |highest price of staple food. |
|3 |Compensation for buildings and |N/A |This compensation would be in-kind. New buildings |
| |structures | |will be built and given to those affected |
|4 |Cost of relocation |per household |This cost is to facilitate transportation |
| |assistance/expenses | | |
|5 |Cost of restoration of |N/A |Assume to be higher than the GDP/capita |
| |individual income | | |
|6 |Cost of restoration of |N/A |For household of ten |
| |household income | | |
|7 |Cost of Training |Per participant |Depends on the number of stakeholders in the |
| | | |counties selected |
|8 |Cost of Management |Per sub-project site |Incurred by stakeholders such as ministries, |
| | | |districts |
|9 |Cost of Monitoring and |Per sub-project site |Dependent on the each sub-project site |
| |Evaluation | | |
|10 |TOTAL |Per sub-project site |Addition of all the cost incurred |
|11 |Contingency |Per Total Cost |5% of the Total cost |
|12 |Grand Total |N/A |Sum of t Total and contingency costs |
It is expected that the costs will be confirmed during socio-economic study and revised at the time the payment are made.
ANNEXES
Annex 1: List of Officials Met
|Name |Position |Organisation |
|Ms. Nathalie Lahire |Task Team Leader |World Bank |
|Ms. Priscilla Elms |Health & Education Consultant |World Bank |
|Mr. Nigel Wakeham |Consultant Architect | |
|Mr. Emmanuel Roberts |Deputy Minister Planning |Ministry of Education |
|Mr. Hedd Williams |Director, Education Facilities |Ministry of Education |
|Mr Benjamin Sumo |Director, Information System and Data Services / |Ministry of Education |
| |Education Management Information System | |
|Mr Jan Schiere |Education Management Information System (EMIS) |European Commission Support to Education |
| |Consultant |in Liberia (ECSEL) |
|Mr Dele Beckley |Project Director |Infrastructure Implementation Unit/ |
| | |Ministry of Public Works |
|Mr David Wiles |Environmental and Social Consultant |Infrastructure Implementation Unit/ |
| | |Ministry of Public Works |
|Mr C. Miller |Assistant Minister (Lands) |Ministry of Lands, Mines and Energy |
Annex 2: List of Documents Reviewed
|Author |Document Name |Date |
| | | |
|ArcelorMittal Liberia Social |Social Action Plan and Resettlement Plan of the Railway Right of Way |July 2008 |
|Development Team |Clearance and Rehabilitation, Buchanan to Yekepa | |
| | | |
| |Emergency Infrastructure Project Supplemental Component (EIP-SC) Urban |July 2008 |
|EnvironQuest |Works Rehabilitation | |
| |Resettlement Action Plan | |
| | | |
|Frederic Giovannetti |Ghana Water Sector Restructuring Project Resettlement Policy Framework |April 2004 |
| | | |
|Governance Reform Commission |The Way Forward: Land & Property Rights Issues in the Republic of |March 2007 |
| |Liberia | |
| | | |
|Ministry of Education Liberia |A System in Transition –The 2007/08 National School Census Report |October 2008 |
| | | |
|Ministry of Foreign Affairs |An Act Creating the Environment Protection Agency of the Republic of | |
|Liberia |Liberia |April 2003 |
| | | |
|International Financial Corporation |Handbook for Preparing a Resettlement Action Plan |April 2002 |
| | | |
|World Bank |Involuntary Resettlement Operational Policies |2001 |
| | | |
|World Bank |Resettlement and Rehabilitation Guide Book |2000 |
Annex 3: World Bank Policy on Involuntary Resettlement (OP 4.12)
|OP 4.12, Annex A - Involuntary Resettlement Instruments |
|These policies were prepared for use by World Bank staff and are not necessarily a complete |OP 4.12 - Annex A |
|treatment of the subject. |December, 2001 |
| |
| |
|1. This annex describes the elements of a resettlement plan, an abbreviated resettlement plan, a resettlement policy framework, |
|and a resettlement process framework, as discussed in OP 4.12, paras. 17-31. |
|Resettlement Plan |
|2. The scope and level of detail of the resettlement plan vary with the magnitude and complexity of resettlement. The plan is |
|based on up-to-date and reliable information about (a) the proposed resettlement and its impacts on the d persons and other |
|adversely affected groups, and (b) the legal issues involved in resettlement. The resettlement plan covers the elements below, as|
|relevant. When any element is not relevant to project circumstances, it should be noted in the resettlement plan. |
|3. Description of the project. General description of the project and identification of the project area. |
|4. Potential impacts. Identification of |
|(a) the project component or activities that give rise to resettlement; |
|(b) the zone of impact of such component or activities; |
|(c) the alternatives considered to avoid or minimize resettlement; and |
|(d) the mechanisms established to minimize resettlement, to the extent possible, during project implementation. |
|5. Objectives. The main objectives of the resettlement program. |
|6. Socioeconomic studies. The findings of socioeconomic studies to be conducted in the early stages of project preparation and |
|with the involvement of potentially d people, including |
|(a) the results of a census survey covering |
|(i) current occupants of the affected area to establish a basis for the design of the resettlement program and to exclude |
|subsequent inflows of people from eligibility for compensation and resettlement assistance; |
|(ii) standard characteristics of d households, including a description of production systems, labor, and household organization; |
|and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and |
|informal economic activities) and standards of living (including health status) of the d population; |
|(iii) the magnitude of the expected loss--total or partial--of assets, and the extent of ment, physical or economic; |
|(iv) information on vulnerable groups or persons as provided for in OP 4.12, para. 8, for whom special provisions may have to be |
|made; and |
|(v) provisions to update information on the d people's livelihoods and standards of living at regular intervals so that the |
|latest information is available at the time of their ment. |
|(b) Other studies describing the following |
|(i) land tenure and transfer systems, including an inventory of common property natural resources from which people derive their |
|livelihoods and sustenance, non-title-based usufruct systems (including fishing, grazing, or use of forest areas) governed by |
|local recognized land allocation mechanisms, and any issues raised by different tenure systems in the project area; |
|(ii) the patterns of social interaction in the affected communities, including social networks and social support systems, and |
|how they will be affected by the project; |
|(iii) public infrastructure and social services that will be affected; and |
|(iv) social and cultural characteristics of d communities, including a description of formal and informal institutions (e.g., |
|community organizations, ritual groups, nongovernmental organizations (NGOs)) that may be relevant to the consultation strategy |
|and to designing and implementing the resettlement activities. |
|7. Legal framework. The findings of an analysis of the legal framework, covering |
|(a) the scope of the power of eminent domain and the nature of compensation associated with it, in terms of both the valuation |
|methodology and the timing of payment; |
|(b) the applicable legal and administrative procedures, including a description of the remedies available to d persons in the |
|judicial process and the normal timeframe for such procedures, and any available alternative dispute resolution mechanisms that |
|may be relevant to resettlement under the project; |
|(c) relevant law (including customary and traditional law) governing land tenure, valuation of assets and losses, compensation, |
|and natural resource usage rights; customary personal law related to ment; and environmental laws and social welfare legislation; |
|(d) laws and regulations relating to the agencies responsible for implementing resettlement activities; |
|(e) gaps, if any, between local laws covering eminent domain and resettlement and the Bank's resettlement policy, and the |
|mechanisms to bridge such gaps; and |
|(f) any legal steps necessary to ensure the effective implementation of resettlement activities under the project, including, as |
|appropriate, a process for recognizing claims to legal rights to land--including claims that derive from customary law and |
|traditional usage (see OP 4.12, para.15 b). |
|8. Institutional Framework. The findings of an analysis of the institutional framework covering |
|(a) the identification of agencies responsible for resettlement activities and NGOs that may have a role in project |
|implementation; |
|(b) an assessment of the institutional capacity of such agencies and NGOs; and |
|(c) any steps that are proposed to enhance the institutional capacity of agencies and NGOs responsible for resettlement |
|implementation. |
|9. Eligibility. Definition of d persons and criteria for determining their eligibility for compensation and other resettlement |
|assistance, including relevant cut-off dates. |
|10. Valuation of and compensation for losses. The methodology to be used in valuing losses to determine their replacement cost; |
|and a description of the proposed types and levels of compensation under local law and such supplementary measures as are |
|necessary to achieve replacement cost for lost assets.1 |
|11. Resettlement measures. A description of the packages of compensation and other resettlement measures that will assist each |
|category of eligible d persons to achieve the objectives of the policy (see OP 4.12, para. 6). In addition to being technically |
|and economically feasible, the resettlement packages should be compatible with the cultural preferences of the d persons, and |
|prepared in consultation with them. |
|12. Site selection, site preparation, and relocation. Alternative relocation sites considered and explanation of those selected,|
|covering |
|(a) institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a |
|combination of productive potential, locational advantages, and other factors is at least comparable to the advantages of the old |
|sites, with an estimate of the time needed to acquire and transfer land and ancillary resources; |
|(b) any measures necessary to prevent land speculation or influx of ineligible persons at the selected sites; |
|(c) procedures for physical relocation under the project, including timetables for site preparation and transfer; and |
|(d) legal arrangements for regularizing tenure and transferring titles to resettlers. |
|13. Housing, infrastructure, and social services. Plans to provide (or to finance resettlers' provision of) housing, |
|infrastructure (e.g., water supply, feeder roads), and social services (e.g., schools, health services);2plans to ensure |
|comparable services to host populations; any necessary site development, engineering, and architectural designs for these |
|facilities. |
|14. Environmental protection and management. A description of the boundaries of the relocation area; and an assessment of the |
|environmental impacts of the proposed resettlement3and measures to mitigate and manage these impacts (coordinated as appropriate |
|with the environmental assessment of the main investment requiring the resettlement). |
|15. Community participation. Involvement of resettlers and host communities,4 |
|(a) a description of the strategy for consultation with and participation of resettlers andhosts in the design and implementation|
|of the resettlement activities; |
|(b) a summary of the views expressed and how these views were taken into account in preparing the resettlement plan; |
|(c) a review of the resettlement alternatives presented and the choices made by d persons regarding options available to them, |
|including choices related to forms of compensation and resettlement assistance, to relocating as individuals families or as parts |
|of preexisting communities or kinship groups, to sustaining existing patterns of group organization, and to retaining access to |
|cultural property (e.g. places of worship, pilgrimage centers, cemeteries);5and |
|(d) institutionalized arrangements by which d people can communicate their concerns to project authorities throughout planning |
|and implementation, and measures to ensure that such vulnerable groups as indigenous people, ethnic minorities, the landless, and |
|women are adequately represented. |
|16. Integration with host populations. Measures to mitigate the impact of resettlement on any host communities, including |
|(a) consultations with host communities and local governments; |
|(b) arrangements for prompt tendering of any payment due the hosts for land or other assets provided to resettlers; |
|(c) arrangements for addressing any conflict that may arise between resettlers and host communities; and |
|(d) any measures necessary to augment services (e.g., education, water, health, and production services) in host communities to |
|make them at least comparable to services available to resettlers. |
|17. Grievance procedures. Affordable and accessible procedures for third-party settlement of disputes arising from resettlement;|
|such grievance mechanisms should take into account the availability of judicial recourse and community and traditional dispute |
|settlement mechanisms. |
|18. Organizational responsibilities. The organizational framework for implementing resettlement, including identification of |
|agencies responsible for delivery of resettlement measures and provision of services; arrangements to ensure appropriate |
|coordination between agencies and jurisdictions involved in implementation; and any measures (including technical assistance) |
|needed to strengthen the implementing agencies' capacity to design and carry out resettlement activities; provisions for the |
|transfer to local authorities or resettlers themselves of responsibility for managing facilities and services provided under the |
|project and for transferring other such responsibilities from the resettlement implementing agencies, when appropriate. |
|19. Implementation schedule. An implementation schedule covering all resettlement activities from preparation through |
|implementation, including target dates for the achievement of expected benefits to resettlers and hosts and terminating the |
|various forms of assistance. The schedule should indicate how the resettlement activities are linked to the implementation of the|
|overall project. |
|20. Costs and budget. Tables showing itemized cost estimates for all resettlement activities, including allowances for |
|inflation, population growth, and other contingencies; timetables for expenditures; sources of funds; and arrangements for timely |
|flow of funds, and funding for resettlement, if any, in areas outside the jurisdiction of the implementing agencies. |
|21. Monitoring and evaluation. Arrangements for monitoring of resettlement activities by the implementing agency, supplemented |
|by independent monitors as considered appropriate by the Bank, to ensure complete and objective information; performance |
|monitoring indicators to measure inputs, outputs, and outcomes for resettlement activities; involvement of the d persons in the |
|monitoring process; evaluation of the impact of resettlement for a reasonable period after all resettlement and related |
|development activities have been completed; using the results of resettlement monitoring to guide subsequent implementation. |
|Abbreviated Resettlement Plan |
|22. An abbreviated plan covers the following minimum elements:6 |
|(a) a census survey of d persons and valuation of assets; |
|(b) description of compensation and other resettlement assistance to be provided; |
|(c) consultations with d people about acceptable alternatives; |
|(d) institutional responsibility for implementation and procedures for grievance redress; |
|(e) arrangements for monitoring and implementation; and |
|(f) a timetable and budget. |
|Resettlement Policy Framework |
|23. The purpose of the policy framework is to clarify resettlement principles, organizational arrangements, and design criteria |
|to be applied to subprojects to be prepared during project implementation (see OP 4.12, paras. 26-28). Subproject resettlement |
|plans consistent with the policy framework subsequently are submitted to the Bank for approval after specific planning information|
|becomes available (see OP 4.12, para. 29). |
|24. The resettlement policy framework covers the following elements, consistent with the provisions described in OP 4.12, paras. |
|2 and 4: |
|(a) a brief description of the project and components for which land acquisition and resettlement are required, and an |
|explanation of why a resettlement plan as described in paras. 2-21 or an abbreviated plan as described in para. 22 cannot be |
|prepared by project appraisal; |
|(b) principles and objectives governing resettlement preparation and implementation; |
|(c) a description of the process for preparing and approving resettlement plans; |
|(d) estimated population ment and likely categories of d persons, to the extent feasible; |
|(e) eligibility criteria for defining various categories of d persons; |
|(f) a legal framework reviewing the fit between borrower laws and regulations and Bank policy requirements and measures proposed |
|to bridge any gaps between them; |
|(g) methods of valuing affected assets; |
|(h) organizational procedures for delivery of entitlements, including, for projects involving private sector intermediaries, the |
|responsibilities of the financial intermediary, the government, and the private developer; |
|(i) a description of the implementation process, linking resettlement implementation to civil works; |
|(j) a description of grievance redress mechanisms; |
|(k) a description of the arrangements for funding resettlement, including the preparation and review of cost estimates, the flow |
|of funds, and contingency arrangements; |
|(l) a description of mechanisms for consultations with, and participation of, d persons in planning, implementation, and |
|monitoring; and |
|(m) arrangements for monitoring by the implementing agency and, if required, by independent monitors. |
|25. When a resettlement policy framework is the only document that needs to be submitted as a condition of the loan, the |
|resettlement plan to be submitted as a condition of subproject financing need not include the policy principles, entitlements, and|
|eligibility criteria, organizational arrangements, arrangements for monitoring and evaluation, the framework for participation, |
|and mechanisms for grievance redress set forth in the resettlement policy framework. The subproject-specific resettlement plan |
|needs to include baseline census and socioeconomic survey information; specific compensation rates and standards; policy |
|entitlements related to any additional impacts identified through the census or survey; description of resettlement sites and |
|programs for improvement or restoration of livelihoods and standards of living; implementation schedule for resettlement |
|activities; and detailed cost estimate. |
|Process Framework |
|26. A process framework is prepared when Bank-supported projects may cause restrictions in access to natural resources in legally|
|designated parks and protected areas. The purpose of the process framework is to establish a process by which members of |
|potentially affected communities participate in design of project components, determination of measures necessary to achieve |
|resettlement policy objectives, and implementation and monitoring of relevant project activities (see OP 4.12, paras. 7 and 31). |
|27. Specifically, the process framework describes participatory processes by which the following activities will be accomplished |
|(a) Project components will be prepared and implemented. The document should briefly describe the project and components or |
|activities that may involve new or more stringent restrictions on natural resource use. It should also describe the process by |
|which potentially d persons participate in project design. |
|(b) Criteria for eligibility of affected persons will be determined. The document should establish that potentially affected |
|communities will be involved in identifying any adverse impacts, assessing of the significance of impacts, and establishing of the|
|criteria for eligibility for any mitigating or compensating measures necessary. |
|(c) Measures to assist affected persons in their efforts to improve their livelihoods or restore them, in real terms, to pre-ment|
|levels, while maintaining the sustainability of the park or protected area will be identified. The document should describe |
|methods and procedures by which communities will identify and choose potential mitigating or compensating measures to be provided |
|to those adversely affected, and procedures by which adversely affected community members will decide among the options available |
|to them. |
|(d) Potential conflicts or grievances within or between affected communities will be resolved. The document should describe the|
|process for resolving disputes relating to resource use restrictions that may arise between or among affected communities, and |
|grievances that may arise from members of communities who are dissatisfied with the eligibility criteria, community planning |
|measures, or actual implementation. |
|Additionally, the process framework should describe arrangements relating to the following |
|(e) Administrative and legal procedures. The document should review agreements reached regarding the process approach with |
|relevant administrative jurisdictions and line ministries (including clear delineation for administrative and financial |
|responsibilities under the project). |
|(f) Monitoring arrangements. The document should review arrangements for participatory monitoring of project activities as they |
|relate to (beneficial and adverse) impacts on persons within the project impact area, and for monitoring the effectiveness of |
|measures taken to improve (or at minimum restore) incomes and living standards. |
|With regard to land and structures, "replacement cost" is defined as follows: For agricultural land, it is the pre-project or |
|pre-ment, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected |
|land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and |
|transfer taxes. For land in urban areas, it is the pre-ment market value of land of equal size and use, with similar or improved |
|public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration |
|and transfer taxes. For houses and other structures, it is the market cost of the materials to build a replacement structure with|
|an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus |
|the cost of transporting building materials to the construction site, plus the cost of any labor and contractors' fees, plus the |
|cost of any registration and transfer taxes. In determining the replacement cost, depreciation of the asset and the value of |
|salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the |
|valuation of an affected asset. Where domestic law does not meet the standard of compensation at full replacement cost, |
|compensation under domestic law is supplemented by additional measures so as to meet the replacement cost standard. Such |
|additional assistance is distinct from resettlement measures to be provided under other clauses in |
|Provision of health care services, particularly for pregnant women, infants, and the elderly, may be important during and after |
|relocation to prevent increases in morbidity and mortality due to malnutrition, the psychological stress of being uprooted, and |
|the increased risk of disease. |
|Negative impacts that should be anticipated and mitigated include, for rural resettlement, deforestation, overgrazing, soil |
|erosion, sanitation, and pollution; for urban resettlement, projects should address such density-related issues as transportation |
|capacity and access to potable water, sanitation systems, and health facilities. |
|Experience has shown that local NGOs often provide valuable assistance and ensure viable community participation. |
|OP 4.11, Physical Cultural Resources. |
|In case some of the d persons lose more than 10% of their productive assets or require physical relocation, the plan also covers a|
|socioeconomic survey and income restoration measures. |
Annex 4: Framework for Census of Affected Assets and Affected Persons
Annex 4.1: Affected Plot Sheet
Reference:
Reference: ………………………………………………………………………………
Location: - County: ……………………District: …………Town: …………………….
GPS Coordinates: ……………………Surface: …………………………………… m2
Description of soil: …………………………………………………………………….
………………………………………………………………………………………….
………………………………………………………………………………………….
Perennial Crops: 1 Owner: ………………………………………………….
2 Owner: ………………………………………………….
Annual Crops: 1 Owner: ………………………………………………….
2 Owner: ………………………………………………….
Trees: 1 Owner: ………………………………………………….
2 Owner: ………………………………………………….
Structures: Movable structures: ………………. Owner: ……………………….
Immovable structures: ……………. Owner: ……………………….
Buildings: ………………………… Owner: ……………………….
Users: User 1: ……… Surface used: …….. Regime of tenure: …………….
User 2: ……… Surface used: …….. Regime of tenure: …………….
User 3: ……… Surface used: …….. Regime of tenure: …………….
User 4: ………Surface used: …….. Regime of tenure: …………….
Valuation proposal (details of calculation on attached sheet):
Crops: ………………………………………………………………………………….
…………………………………………………………………………………………
…………………………………………………………………………………………
Structures: ………………………………………………………………………………
………………………………………………………………………………………….
…………………………………………………………………………………………
Proposed distribution of compensation:
User 1: …………………………………………………………………………………
User 2: …………………………………………………………………………………
User 3: …………………………………………………………………………………
User 4: …………………………………………………………………………………
Prepared By: …………………………………. ….Date: ……………………………….
Annex 4.2: Affected Building Sheet
Reference: ………………………………………………………………………………
Location: - County: ……………………District: …………Town: …………………….
GPS Coordinates: ………………………….. Photograph number: …………………….
Owner:-
Full Name: ………………………………………………………………………
Address: ………………………………………………………………………
………………………………………………………………………….
Description:-
Permanent:…………Non permanent: …………………
Surface: ………………… m2 Number of rooms: …………………
Walls: Material: ………….. Condition: ……………………………
Roof: Material: …………. Condition: …………………………..
Floor: Material: ………… Condition: …………………………..
Annexes outside:
Latrine: Material: ………….. Condition: …………………………… Bathroom: Material: ………….. Condition: …………………… Kitchen: Material: ………….. Condition: …………………………… Others: ………………….Material: …………..Condition: ………………
Additional features: ………………………………………………………..
………………………………………………………………………………
Permanently Inhabited: ….By: ……………….Regime of occupation: …………………
Periodically Inhabited: By: ………………… Regime of occupation: …………………
Vulnerable group:
a) Women-headed Household…………..
b) Family with physically and mentally…………….
c) Family with aged members…………….
d) Family with income below poverty line…………….
e) Family losing more than the economic threshold of their land through acquisition/negotiation…………
Valuation proposal (details of calculation on attached sheet): ……………………………
……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..
Proposed distribution of compensation:
User 1: …………………………………………………………………………………..
User 2: …………………………………………………………………………………..
User 3: …………………………………………………………………………………..
User 4: …………………………………………………………………………………..
Prepared By: …………………………………. ….Date: ……………………………….
Annex 4.3: Affected Household Sheet
Household Reference: ………………………………………………
Location: - County: ……………………District: …………….Town: …………………
Reference of Affected Asset:-
Type: - Structure: ….. Plot: ….Crop: ……… (Tick one)
Reference of Affected Asset Sheet: …………………………………………………….
Household Information:-
Head of Household: - Name: …………………..Age: ………..Sex ………….
Identity Document: - Type: …………………Number: ………………………
Composition of Household:-
|Number |Name |Relationship with Household Head |Sex |Age |
|1 | | | | |
|2 | | | | |
|3 | | | | |
|4 | | | | |
|5 | | | | |
|6 | | | | |
|7 | | | | |
Socio-Economic Information:-
Head of Household: ……………………………………………………………………
Occupations: - Primary: ………………. Secondary: ……………………………………
Other members of Household:-
Number: …………... Occupation: ……… Highest education level attained: …………
Number: …………... Occupation: ……… Highest education level attained: …………
Number: …………... Occupation: ……… Highest education level attained: …………
Number: …………... Occupation: ……… Highest education level attained: …………
Total Estimated Household Cash Income: ……………………………………………..
Education level of Household Members:-
Number: …… Level: ……………………………
Number: …… Level: …………………………….
Number: …… Level: ……………………………
Number: …… Level: ……………………………
Project Impact:-
Assessment of the Impact of the Loss of the Affected Asset on Household’s Livelihood:
…………………………………………………………………………………………
Amount of land owned; ………………………………………………………………..
Details of income loss due to loss of land; ……………………………………………..
Proposed Compensation or Resettlement Package:-
Household’s Wishes: ……………………………………………………………………
………………………………………………………………………………………….
Proposed Package: ………………………………………………………………………
Proposed Livelihood Restoration Package:-
Household’s Wishes: ……………………………………………………………………
………………………………………………………………………………………….
Proposed Package: ………………………………………………………………………
…………………………………………………………………………………………..
Annex 5: Outline of a Resettlement Action Plan
Reference: OP 4.12, Annex A
1. Description of the sub-project and of its potential land impacts
1. General Description of the project and identification of the project area
2. Potential impacts. Identification of:
1. The project component or activities that give rise to resettlement;
2. The zone of impact of such component or activities;
3. The alternatives considers to avoid or minimise resettlement; and
4. The mechanisms established to minimize resettlement, to the extender possible, during project implementation
1. Objectives. The main objectives of the resettlement program
2. Socio economic studies and census of affected assets and affected livelihoods. The findings of socioeconomics studies and census to be conducted with the involvement of potential affected people include:
1. The results of a census survey covering
1. current occupants of the affected area to establish a basis for the design of the resettlement program and to exclude subsequent inflows of people from eligibility for compensation and resettlement assistance;
2. Standard characteristics of impact households, including a description of production systems, labour, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the affected population;
3. The magnitude of the expected loss – total or partial – of assets, and the extent of ment, physical or economic;
4. Information on vulnerable groups or persons as provided for in OP 4.12, paragraph 8, for whom special provisions may have to be made;
5. Provisions to update information on the affected people’s livelihoods and standards of living at regular intervals so that the latest information is available at the time of their ment.
2. Other studies describing the following:
1. Land tenure and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, Any issues raised by different tenures systems in the project area;
2. The patterns of social interaction in the affected communities, including social networks and asocial support systems, and how they will be affected by the project;
3. Public infrastructure and social services that will be affected, and
4. Social and cultural characteristics of affected communities, including a description of formal and informal institutions (e.g.., community organisations, ritual groups, nongovernmental organisations (NGOs) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities.
3. Legal framework
1. The scope of the power of eminent domain and nature of compensation
1. Valuation methodology
2. Timing of Payment
2. Applicable legal and administrative procedures
1. Description of the remedies available to affected persons in the judicial process and the normal time frame for such procedures
2. Available alternative dispute resolution mechanisms that maybe relevant to resettlement under the project.
3. Relevant laws (including customary and statutory laws) governing land tenure, valuation of assets and losses, compensation , natural resource usage rights; customary personal ; environmental laws and social welfare legislature
4. Laws and regulations relating to agencies responsible for implementing resettlement activities;
5. Gaps, if any between local laws covering eminent domain and resettlement and the bank’s resettlement policy
6. Mechanisms to bridge such gaps
7. Any legal step necessary to ensure the effective implementation of resettlement activities under the project.
4. Institutional framework: This should provide the details of findings of an analysis of the institutional framework covering:
1. The identification of agencies responsible for resettlement activities and NGOs that may have a role in the project implementation;
2. An assessment of the institutional capacity of such agencies and NGOs; and
3. Any steps that are proposed to enhance the institutional capacity of agencies and NGOs responsible for resettlement implementation;
5. Eligibility: This part of the RAP provides a definition of affected persons and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cut-off dates.
6. Valuation of and compensation for losses. The methodology to be used in valuing losses to determine their replacement cost; and a description of the proposed types and levels of compensation under local law and such supplementary measures as are necessary to achieve replacement cost for lost assets.
7. Resettlement measures:
1. Description of the packages of compensation and other resettlement measures that will assist each category of eligible d persons to achieve the objectives of the policy (see OP 4.12 paragraph 6).
8. Site selection, site preparation and relocation, This provides details on alternative relocation sites considered and explanation of those selected sites, covering:
1. Institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a combination odf productive potential, locational advantage and other factors is at least comparable to the advantages of the old sites with estimate of the time needed to acquire and transfer land and ancillary resources.
2. Any measures necessary to prevent land speculation or influx of eligible persons at the selected sites;
3. Procedure for physical relocation under the project, including timetables for sites preparation and transfer and
4. Legal arrangements for regulating tenure and transferring titles to resettlers.
9. Housing, infrastructure and social services.
10. Environmental protection and management.
11. Community participation. This should describe the involvement of resettlers and host communities.
12. Integration with host populations. This should describe measures to mitigate the impact of resettlement on any host communities.
1. Specific assistance measures intended for vulnerable people to be identified.
13. Grievance procedures: Affordable and accessible procedures for third-party settlement of disputes arising from resettlement; such grievance mechanisms should take into account the availability of judicial recourse and community and traditional dispute settlement mechanisms.
14. Organisational responsibilities: This part of the RAP should describe:
1. The organizational framework for implementing resettlement, including identification of agencies responsible for delivery of resettlement measures, and provision of services;
2. Arrangement to ensure appropriate coordination between agencies and jurisdictions involved in implementation ;
3. Any measures (including technical assistance) needed to strengthen the implementing agencies’ capacity to design and carry our resettlement activities; provisions for the transfer to local authorities or resettlers themselves of responsibility for managing facilities and services provided under the project and for transferring other such responsibilities from the resettlement implementing agencies, when appropriate.
15. Implementation schedule: An implementation schedule covering all resettlement activities from preparation through implementation, including target dates for the achievement of expected benefits to resettlers and hosr and terminating the various forms of assistance. The schedule should indicate how the resettlement activities are linked to the implementation of the overall project.
16. Cost and budget: Tables showing itemized cost estimates for all reselltmnentt activities (see annex 8 of this RPF), including allowances for inflation, population growth and other continguencies; timatables for expenditures; sources of funds, and arrangement for timely flows of funds and funding for the resettlement, if any, in areas outside the jurisdiction of the implementing agencies.
17. Monitoring and evaluation: Arrangements for monitoring of resettlement activities by the implementing agency, supplemented by independent monitors as considered appropriate by the World Bank, to ensure complete and objective information; performance monitoring indicators to measures inputs, outputs and outcomes for resettlement activities; involvement of the d persons in the monitoring process; evaluation of the impact of resettlement for a reasonable period after all resettlement and related development activities have been completed; using the resettlement monitoring to guide subsequent implementation.
Annex 6: Outline of an Abbreviated Resettlement Plan
Depending on the magnitude of the ment, an Abbreviated Resettlement Plan (ARP) should be between 10 and 25 pages, including annexes.
1. Brief Description of the Sub-Project;
2. Census/ Socio economic Survey of d persons and valuation of assets
a. Methodology
3. Description of Compensation and other Resettlement Assistance
4. Consultation with d people about acceptable alternatives
5. Institutional responsibility for implementation and procedure for grievance redress
6. Arrangements for monitoring and implementation;
7. Timetable and budget
Annex 7: Sample Grievance Form
|Grievance Form |
|Grievance Number: |Copes to forward to: |
|Name of Recorder: |(Original) –Receiver Party: |
|County/District/Settlement: |(Copy) – Responsible Party: |
|Date: | |
|INFORMATION ABOUT GRIEVANCE |
|Define the Grievance: |
|INFORMATION ABOUT THE COMPLAINANT |Forms of Receipt |
|Name – Surname | |Phone line |
| | |Community |
| | |Information meeting |
| | |Mail |
| | |Informal |
| | |Other |
|Telephone no | | |
|Address | | |
|Village/Settlement | | |
|District/Province | | |
|Signature of Complainant | | |
|DETAILS OF GRIEVANCE |
|1. Access to Land and |2. Damage to |3. Damage to infrastructure|4. Decrease or Loss of|5. Traffic Accident |
|Resources | |or community Assets |Livelihood | |
|a) Lands |a) Land |a) Roads/Railway |a) Agriculture |a) Injury |
|b) Fishing Grounds |b) house |b) Power/Telephone lines |b)Animal Husbandry |b) Damage to property |
|c) Pasture Land |c) livestock |c) Water sources, canals |c) Beekeeping |c) Damage to livestock |
|d) House |d) Means of |and water infrastructure |d) Small scale trade |d) Other |
|e) Commercial site |Livelihoods |for irrigation and animals |e) Other | |
|f) Others |e) Other |d) Drinking water | | |
| | |e) Sewage System | | |
| | |f) Other | | |
|6.Incidents Regarding |7. Resettlement Process|8.Employment and |9. Construction Camp |10. Other (Specify) |
|Expropriation |(Specify) |Recruitment (Specify) |and Community | |
|And compensation | | |Relations | |
|(specify) | | | | |
| | | |a)Nuisance from dust | |
| | | |b) Nuisance from noise| |
| | | |c) Vibration due to | |
| | | |explosion | |
| | | |d) Misconduct of the | |
| | | |project | |
| | | |personal/worker | |
| | | |e) Complaint follow-up| |
| | | |f) Other | |
|No |Item |Liberian Dollars |US Dollars |% |
| |(Break down and detail as appropriate) | | | |
|A1 |Compensation for Land Acquisition | | | |
|A2 |Compensation for Destruction and Damages to Crops | | | |
|A3 |Compensations for Structures | | | |
|A4 |Disturbance Allowance | | | |
|A5 |Contingencies – other Compensations | | | |
| |TOTAL COMPENSATION | | |% |
|B |RESETTLEMENT | | | |
|B1` |Resettlement Land Purchase | | | |
|B2 |Resettlement Land Development | | | |
|B3 |Housing Construction | | | |
| |TOTAL RESETTLEMENT | | | |
|C |ADDITIONAL MITIGATIONS | | | |
|C1 |Livelihood Restoration Measures | | | |
|C2 |Vulnerable Groups | | | |
|C3 |Coordination of Additional Mitigations | | | |
|C4 |Grievance Management | | | |
| |TOTAL ADDITIONAL MITIGATIONS | | |% |
|D |IMPLEMENATION COSTS | | | |
|D1 |Surveying and Asset Pre-identification | | | |
|D2 |Valuation | | | |
|D3 |Coordination and Works Supervision | | | |
|D4 |Legal Advice | | | |
|D5 |Monitoring | | | |
|D6 |Evaluation | | | |
|D7 |Capacity Building | | | |
| |TOTAL IMPLEMENTATION | | |% |
|E |CONTINGENCIES | | |% |
| |GRAND TOTAL | | |100% |
Annex 8: Template Itemization of a RAP/ARAP Budget
Annex 9: Template of a Claim Registration and Follow-up Form
Prepared by: Date:
Aggrieved person:
Full name:
Residence:
Project registration number:
Reason for the claim (detailed description of the aggrieved person’s version):
Composition of the mediation committee:
Chair (name, position):
District chief executive representative (name, position):
Project (name, position):
Other elders (name, position):
Report of mediation efforts:
Agreed solution:
Implementation of the agreed solution:
Close-out:
In case no settlement is reached:
Reason why no settlement could be reached:
Follow-up by claimant:
Annex 10: Template of a Consultation Meeting Minute Form
Date: Venue:
Project participants:
Other participants (name, position): Total number:
Objective and agenda of the meeting:
Points addressed by Project:
Points raised by participants:
Follow-up activities:
Prepared by: Date:
-----------------------
Maximizing Resources and Sustaining Development
Number of affected individual
200 or more
Inhabited
Dwellings
affected
Between 51 & 199
50 or less
Definition and public disclosure of cut –off-date
Initial information to affected people
Definition and public disclosure of cut –off-date
Initial information to affected people
Census of affected people and affected assets
Development of Resettlement Action Plan
Consultation with affected communities on RAP
Submission of RAP to WB
Implementation of RAP
Census of affected people and affected assets
Development of Abbreviated Resettlement Action Plan
Consultation with affected communities on ARP
Submission of ARP to WB
Implementation of ARP
Definition and public disclosure of cut –off-date
Initial information to affected people
Census of affected people and affected assets
Consultation with affected communities
Implementation of resettlement measures
RP not required
No
Yes
Preliminary sitting of sub-project
Preliminary reconnaissance resettlement issues
Land
acquisition
involved
YES
NO
See
Figure 5.2
Development of Abbreviated Resettlement Action Plan
Ministry of Education
Department of Infrastructural Facilities
PCU
Ministry of Lands, Mines and Energy
Ministry of Education County office
Ministry of Public Works
Environmental Protection Agency (EPA)
Infrastructure Implementation Unit (IIU)
Department of Lands, Survey and Cartography
Bureau of Lands and Survey
Sporadic Division
Resident County Surveyor
Consultation with affected communities on ARP
Submission of ARP to WB
Implementation of ARP
Implementation of ARP with Economic Rehabilitation
Census of affected people and affected assets
Initial information to affected people
Definition and public disclosure of cut –off-date
Implementation of ARP
Submission of ARP to WB
Consultation with affected communities on ARP
Development of Abbreviated Resettlement Action Plan
Census of affected people and affected assets
Initial information to affected people
Definition and public disclosure of cut –off-date
Implementation of RAP
Submission of RAP to WB
Consultation with affected communities on RAP
Development of Resettlement Action Plan
Census of affected people and affected assets
Initial information to affected people
Definition and public disclosure of cut –off-date
YES
NO
Relocation required
Relocation required
NO
YES
NO
≥10% of any holdings taken
YES
Valuation of land and immovable assets
3-month period for registration of claims starts
Notification of identified owner/occupants
Application of land (statutory wayleaves) Act or of lands Acts- Executive instrument to be passed
YES
Inhabited dwellings affected
200 or more PAP
Number of affected individual & dwellings
RP932
See figure 5.3
Land acquisition involved
YES
NO
Preliminary siting and/or routing of sub-project
NO
YES
Rerouting/resiting
See figure 5.1
Preliminary reconnaissance of resettlement issues
Same process as in Figure5.1
Same process as in Figure 5.1
Same process as in Figure 5.1
50 or less
Between 51& 199
200 or more
Total Number of affected individual
Inhabited dwellings affected
Valuation of land and immovable assets
3-month period for registration of claims starts
Notification of identified owner/occupants
Application of land (statutory wayleaves) Act or of lands Acts- Executive instrument to be passed
................
................
In order to avoid copyright disputes, this page is only a partial summary.
To fulfill the demand for quickly locating and searching documents.
It is intelligent file search solution for home and business.
Related download
- microsoft word diocese of westminster education service
- how to use this module
- committee on the promotion of racial harmony
- all public and private schools 2012 national blue ribbon
- financial literacy pilot program december 2014
- section ii mississippi
- liberia efa fti catalytic fund project
- equity and access